Common use of Revolving Credit Loans; Bid Loans Clause in Contracts

Revolving Credit Loans; Bid Loans. (a) Subject to the terms and conditions set forth in this Agreement, each of the Revolving Credit Lenders severally agrees to lend to Borrower, and Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Revolving Credit Maturity Date upon notice by Borrower to the Agent given in accordance with §2.7, such sums as are requested by Borrower for the purposes set forth in §2.9 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment; provided that, in all events in accordance with §11.2 no Default or Event of Default shall have occurred and be continuing; and provided, further, that (i) the aggregate Outstanding Revolving Credit Loans (after giving effect to all amounts requested), Outstanding Swing Loans, Outstanding Bid Loans and aggregate Letter of Credit Liabilities shall not at any time exceed the Total Revolving Credit Commitment, and (ii) the Outstanding Revolving Credit Loans (after giving effect to all amounts requested), Outstanding Term Loans, Outstanding Swing Loans, Outstanding Bid Loans and the Letter of Credit Liabilities shall not at any time exceed the Total Commitment or cause a violation of the covenant set forth in §9. 1. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Revolving Credit Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by Borrower that all of the conditions required of Xxxxxxxx xxx xxxxx xx §00 and §11 have been satisfied on the date of such request. The Agent may assume that the conditions in §10 and §11 have been satisfied unless it receives prior written notice from a Revolving Credit Lender that such conditions have not been satisfied. No Revolving Credit Lender shall have any obligation to make Revolving Credit Loans to Borrower in the maximum aggregate principal outstanding balance of more than the principal face amount of its Revolving Credit Note. (b) If requested by a Revolving Credit Lender, a Revolving Credit Note shall be payable to each Revolving Credit Lender in the principal amount equal to such Revolving Credit Lender’s Revolving Credit Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Revolving Credit Lender, plus interest accrued thereon, as set forth in this Agreement. The Drawdown Date for the Revolving Credit Loans shall be the currently effective “Drawdown Date” (as defined in the Existing Credit Agreement) for the Revolving Credit Loans under the Existing Credit Agreement, and the “Interest Periods” (as defined in the Existing Credit Agreement) with respect to such “Revolving Credit Loans” under the Existing Credit Agreement shall remain in effect.

Revolving Credit Loans; Bid Loans. (a) Subject to the terms and conditions set forth in this Agreement, , (i) each of the U.S. Dollar Revolving Credit Lenders severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Revolving Credit Maturity Date in Dollars as U.S. Dollar Revolving Credit Loans requested by the Borrower upon notice by the Borrower to the Agent given in accordance with §2.7, such sums as are requested by the Borrower for the purposes set forth in §2.9 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to the lesser of (i) such U.S. Dollar Revolving Credit Lender’s U.S. Dollar Revolving Credit Commitment and (ii) such U.S. Dollar Revolving Credit Lender’s Revolving Credit CommitmentCommitment Percentage of the Unencumbered Asset Pool Availability; provided thatand provided, further, that in all events in accordance with §11.2 no Default or Event of Default shall have occurred and be continuing; and provided, further, that (i) the aggregate Outstanding outstanding principal amount of the U.S. Dollar Revolving Credit Loans (after giving effect to all amounts requested), Outstanding the Dollar Equivalent of the Alternative Currency/Dollar Revolving Credit Loans, Swing Loans, Outstanding Bid Loans and aggregate Letter of Credit Liabilities shall not at any time exceed the Total Revolving Credit Commitment, Commitment and (ii) the Outstanding outstanding principal amount of the U.S. Revolving Credit Loans (after giving effect to all amounts requested), Outstanding the Dollar Equivalent of the Alternative Currency/Dollar Revolving Credit Loans, Term Loans, Outstanding Swing Loans, Outstanding Bid Loans and the Letter of Credit Liabilities shall not at any time exceed the Total Commitment or cause a violation of the covenant covenants set forth in §9. 19.1. The Each U.S. Dollar Revolving Credit Loans Loan shall be made pro rata by the U.S. Dollar Revolving Credit Lenders in accordance with each U.S. Dollar Revolving Credit Lender’s U.S. Dollar Revolving Credit Commitment Percentage. Each request for a U.S. Dollar Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions required of Xxxxxxxx the Bxxxxxxx xxx xxxxx xx §00 and §11 have been satisfied on the date of such request. The Agent may assume that the conditions in §10 and §11 have been satisfied unless it receives prior written notice from a U.S. Dollar Revolving Credit Lender that such conditions have not been satisfied. No U.S. Dollar Revolving Credit Lender shall have any obligation to make U.S. Dollar Revolving Credit Loans to the Borrower in the maximum aggregate principal outstanding balance of more than the principal face amount of its Revolving Credit NoteNote (U.S. Dollar). (ii) Subject to the terms and conditions set forth in this Agreement, each of the Alternative Currency/Dollar Revolving Credit Lenders severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Revolving Credit Maturity Date in Dollars or in any Alternative Currency as Alternative Currency/Dollar Revolving Credit Loans requested by the Borrower upon notice by the Borrower to the Agent given in accordance with §2.7, such sums as are requested by the Borrower for the purposes set forth in §2.9 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to the lesser of (i) such Alternative Currency/Dollar Revolving Credit Lender’s Alternative Currency/Dollar Revolving Credit Commitment and (ii) such Alternative Currency/Dollar Revolving Credit Lender’s Alternative Currency/Dollar Revolving Credit Commitment Percentage of the Unencumbered Asset Pool Availability; and provided, further, that in all events no Default or Event of Default shall have occurred and be continuing; and provided, further, that the outstanding principal amount of the U.S. Dollar Revolving Credit Loans, the Dollar Equivalent of the Alternative Currency/Dollar Revolving Credit Loans (after giving effect to all amounts requested), Swing Loans, Bid Loans and Letter of Credit Liabilities shall not at any time exceed the Total Revolving Credit Commitment and the outstanding principal amount of the U.S. Dollar Revolving Credit Loans, the Dollar Equivalent of the Alternative Currency/Dollar Revolving Credit Loans (after giving effect to all amounts requested), Term Loans, Swing Loans, Bid Loans and Letter of Credit Liabilities shall not at any time exceed the Total Commitment or cause a violation of the covenants set forth in §9.1, and provided, further, that all borrowings, conversions and continuations of Alternative Currency/Dollar Revolving Credit Loans and all selection of Interest Periods shall be in such amounts and be made pursuant to such elections so that the Dollar Equivalent of the aggregate principal amount of all Alternative Currency/Dollar Revolving Credit Loans and the Letter of Credit Liabilities denominated in any Alternative Currency shall not exceed the Total Alternative Currency/Dollar Revolving Credit Commitment at any one time. Each Alternative Currency/Dollar Revolving Credit Loan shall be made of the same Currency and Type and made by the Alternative Currency/Dollar Revolving Credit Lenders pro rata in accordance with each Alternative Currency/Dollar Revolving Credit Lender’s Alternative Currency/Dollar Revolving Credit Commitment Percentage. Each request for an Alternative Currency/Dollar Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions required of the Bxxxxxxx xxx xxxxx xx §00 and §11 have been satisfied on the date of such request. The Agent may assume that the conditions in §10 and §11 have been satisfied unless it receives prior written notice from an Alternative Currency/Dollar Revolving Credit Lender that such conditions have not been satisfied. No Alternative Currency/Dollar Revolving Credit Lender shall have any obligation to make Alternative Currency/Dollar Revolving Credit Loans to the Borrower in the Dollar Equivalent of maximum aggregate principal outstanding balance of more than the principal face amount of its Revolving Credit Note (Alternative Currency/Dollar). (b) If requested by a The U.S. Dollar Revolving Credit LenderLoans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A-1(A) hereto (collectively, a the “Revolving Credit Notes (U.S. Dollar)”), dated of even date with this Agreement (except as otherwise provided in §2.11 or §18.3) and completed with appropriate insertions. One Revolving Credit Note (U.S. Dollar) shall be payable to the order of each U.S. Dollar Revolving Credit Lender in the principal amount equal to such U.S. Dollar Revolving Credit Lender’s U.S. Dollar Revolving Credit Commitment orCommitment. The Borrower irrevocably authorizes Agent to make or cause to be made, if lessat or about the time of the Drawdown Date of any U.S. Dollar Revolving Credit Loan or the time of receipt of any payment of principal thereof, an appropriate notation on Agent’s Record reflecting the making of such U.S. Dollar Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of all the U.S. Dollar Revolving Credit Loans made by such set forth on Agent’s Record shall be prima facie evidence of the principal amount thereof owing and unpaid to each U.S. Dollar Revolving Credit Lender, plus but the failure to record, or any error in so recording, any such amount on Agent’s Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note (U.S. Dollar) to make payments of principal of or interest accrued thereon, as set forth in this Agreementon any Revolving Credit Note (U.S. Dollar) when due. The Drawdown Date for the Alternative Currency/Dollar Revolving Credit Loans shall be evidenced by separate promissory notes of the currently effective Borrower in substantially the form of Exhibit A-1(B) hereto (collectively, the “Revolving Credit Notes (Alternative Currency/Dollar)”), dated of even date with this Agreement (except as otherwise provided in §2.11 or §18.3) and completed with appropriate insertions. One Revolving Credit Note (Alternative Currency/Dollar) shall be payable to the order of each Alternative Currency/Dollar Revolving Credit Lender in the principal amount equal to such Alternative Currency/Dollar Revolving Credit Lender’s Alternative Currency/Dollar Revolving Credit Commitment. The Borrower irrevocably authorizes Agent to make or cause to be made, at or about the time of the Drawdown Date” Date of any Alternative Currency/Dollar Revolving Credit Loan or the time of receipt of any payment of principal thereof, an appropriate notation on Agent’s Record reflecting the making of such Alternative Currency/Dollar Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Alternative Currency/Dollar Revolving Credit Loans set forth on Agent’s Record shall be prima facie evidence of the principal amount thereof owing and unpaid to each Alternative Currency/Dollar Revolving Credit Lender, but the failure to record, or any error in so recording, any such amount on Agent’s Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note (Alternative Currency/Dollar) to make payments of principal of or interest on any Revolving Credit Note (Alternative Currency/Dollar) when due. There shall not be deemed to have occurred, and there has not otherwise occurred, any payment in full, satisfaction or novation of the indebtedness evidenced by the “Revolving Credit Notes”, as defined in the Existing Fifth Amended and Restated Credit Agreement) for , which indebtedness is instead allocated among the Revolving Credit Loans under Lenders as of the Existing Credit Agreementdate hereof, and the “Interest Periods” (as defined applicable, in the Existing Credit Agreement) accordance with respect to such “their respective Revolving Credit Loans” under Commitment Percentages. On the Existing Closing Date, the U.S. Dollar Revolving Credit Agreement Lenders shall remain in effectmake adjustments among themselves so that the outstanding U.S. Dollar Revolving Credit Loans are consistent with their U.S. Dollar Revolving Credit Commitment Percentages.

Revolving Credit Loans; Bid Loans. (a) Subject to the terms and conditions set forth in this Agreement, , (i) each of the U.S. Dollar Revolving Credit Lenders severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Revolving Credit Maturity Date in Dollars as U.S. Dollar Revolving Credit Loans requested by the Borrower upon notice by the Borrower to the Agent given in accordance with §2.7, such sums as are requested by the Borrower for the purposes set forth in §2.9 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to the lesser of (i) such U.S. Dollar Revolving Credit Lender’s U.S. Dollar Revolving Credit Commitment and (ii) such U.S. Dollar Revolving Credit Lender’s Revolving Credit CommitmentCommitment Percentage of the Unencumbered Asset Pool Availability; provided thatand provided, further, that in all events in accordance with §11.2 no Default or Event of Default shall have occurred and be continuing; and provided, further, that (i) the aggregate Outstanding outstanding principal amount of the U.S. Dollar Revolving Credit Loans (after giving effect to all amounts requested), Outstanding the Dollar Equivalent of the Alternative Currency/Dollar Revolving Credit Loans, Swing Loans, Outstanding Bid Loans and aggregate Letter of Credit Liabilities shall not at any time exceed the Total Revolving Credit Commitment, Commitment and (ii) the Outstanding outstanding principal amount of the U.S. Revolving Credit Loans (after giving effect to all amounts requested), Outstanding the Dollar Equivalent of the Alternative Currency/Dollar Revolving Credit Loans, Term Loans, Outstanding Swing Loans, Outstanding Bid Loans and the Letter of Credit Liabilities shall not at any time exceed the Total Commitment or cause a violation of the covenant covenants set forth in §9. 19.1. The Each U.S. Dollar Revolving Credit Loans Loan shall be made pro rata by the U.S. Dollar Revolving Credit Lenders in accordance with each U.S. Dollar Revolving Credit Lender’s U.S. Dollar Revolving Credit Commitment Percentage. Each request for a U.S. Dollar Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions required of the Xxxxxxxx xxx xxxxx xx §00 and §11 have been satisfied on the date of such request. The Agent may assume that the conditions in §10 and §11 have been satisfied unless it receives prior written notice from a U.S. Dollar Revolving Credit Lender that such conditions have not been satisfied. No U.S. Dollar Revolving Credit Lender shall have any obligation to make U.S. Dollar Revolving Credit Loans to the Borrower in the maximum aggregate principal outstanding balance of more than the principal face amount of its Revolving Credit NoteNote (U.S. Dollar). (ii) Subject to the terms and conditions set forth in this Agreement, each of the Alternative Currency/Dollar Revolving Credit Lenders severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Revolving Credit Maturity Date in Dollars or in any Alternative Currency as Alternative Currency/Dollar Revolving Credit Loans requested by the Borrower upon notice by the Borrower to the Agent given in accordance with §2.7, such sums as are requested by the Borrower for the purposes set forth in §2.9 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to the lesser of (i) such Alternative Currency/Dollar Revolving Credit Lender’s Alternative Currency/Dollar Revolving Credit Commitment and (ii) such Alternative Currency/Dollar Revolving Credit Lender’s Alternative Currency/Dollar Revolving Credit Commitment Percentage of the Unencumbered Asset Pool Availability; and provided, further, that in all events no Default or Event of Default shall have occurred and be continuing; and provided, further, that the outstanding principal amount of the U.S. Dollar Revolving Credit Loans, the Dollar Equivalent of the Alternative Currency/Dollar Revolving Credit Loans (after giving effect to all amounts requested), Swing Loans, Bid Loans and Letter of Credit Liabilities shall not at any time exceed the Total Revolving Credit Commitment and the outstanding principal amount of the U.S. Dollar Revolving Credit Loans, the Dollar Equivalent of the Alternative Currency/Dollar Revolving Credit Loans (after giving effect to all amounts requested), Term Loans, Swing Loans, Bid Loans and Letter of Credit Liabilities shall not at any time exceed the Total Commitment or cause a violation of the covenants set forth in §9.1, and provided, further, that all borrowings, conversions and continuations of Alternative Currency/Dollar Revolving Credit Loans and all selection of Interest Periods shall be in such amounts and be made pursuant to such elections so that the Dollar Equivalent of the aggregate principal amount of all Alternative Currency/Dollar Revolving Credit Loans and the Letter of Credit Liabilities denominated in any Alternative Currency shall not exceed the Total Alternative Currency/Dollar Revolving Credit Commitment at any one time. Each Alternative Currency/Dollar Revolving Credit Loan shall be made of the same Currency and Type and made by the Alternative Currency/Dollar Revolving Credit Lenders pro rata in accordance with each Alternative Currency/Dollar Revolving Credit Lender’s Alternative Currency/Dollar Revolving Credit Commitment Percentage. Each request for an Alternative Currency/Dollar Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions required of the Xxxxxxxx xxx xxxxx xx §00 and §11 have been satisfied on the date of such request. The Agent may assume that the conditions in §10 and §11 have been satisfied unless it receives prior written notice from an Alternative Currency/Dollar Revolving Credit Lender that such conditions have not been satisfied. No Alternative Currency/Dollar Revolving Credit Lender shall have any obligation to make Alternative Currency/Dollar Revolving Credit Loans to the Borrower in the Dollar Equivalent of maximum aggregate principal outstanding balance of more than the principal face amount of its Revolving Credit Note (Alternative Currency/Dollar). (b) If requested by a The U.S. Dollar Revolving Credit LenderLoans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A-1(A) hereto (collectively, a the “Revolving Credit Notes (U.S. Dollar)”), dated of even date with this Agreement (except as otherwise provided in §2.11 or §18.3) and completed with appropriate insertions. One Revolving Credit Note (U.S. Dollar) shall be payable to the order of each U.S. Dollar Revolving Credit Lender in the principal amount equal to such U.S. Dollar Revolving Credit Lender’s U.S. Dollar Revolving Credit Commitment orCommitment. The Borrower irrevocably authorizes Agent to make or cause to be made, if lessat or about the time of the Drawdown Date of any U.S. Dollar Revolving Credit Loan or the time of receipt of any payment of principal thereof, an appropriate notation on Agent’s Record reflecting the making of such U.S. Dollar Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of all the U.S. Dollar Revolving Credit Loans made by such set forth on Agent’s Record shall be prima facie evidence of the principal amount thereof owing and unpaid to each U.S. Dollar Revolving Credit Lender, plus but the failure to record, or any error in so recording, any such amount on Agent’s Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note (U.S. Dollar) to make payments of principal of or interest accrued thereon, as set forth in this Agreementon any Revolving Credit Note (U.S. Dollar) when due. The Drawdown Date for the Alternative Currency/Dollar Revolving Credit Loans shall be evidenced by separate promissory notes of the currently effective Borrower in substantially the form of Exhibit A-1(B) hereto (collectively, the “Revolving Credit Notes (Alternative Currency/Dollar)”), dated of even date with this Agreement (except as otherwise provided in §2.11 or §18.3) and completed with appropriate insertions. One Revolving Credit Note (Alternative Currency/Dollar) shall be payable to the order of each Alternative Currency/Dollar Revolving Credit Lender in the principal amount equal to such Alternative Currency/Dollar Revolving Credit Lender’s Alternative Currency/Dollar Revolving Credit Commitment. The Borrower irrevocably authorizes Agent to make or cause to be made, at or about the time of the Drawdown Date” Date of any Alternative Currency/Dollar Revolving Credit Loan or the time of receipt of any payment of principal thereof, an appropriate notation on Agent’s Record reflecting the making of such Alternative Currency/Dollar Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Alternative Currency/Dollar Revolving Credit Loans set forth on Agent’s Record shall be prima facie evidence of the principal amount thereof owing and unpaid to each Alternative Currency/Dollar Revolving Credit Lender, but the failure to record, or any error in so recording, any such amount on Agent’s Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note (Alternative Currency/Dollar) to make payments of principal of or interest on any Revolving Credit Note (Alternative Currency/Dollar) when due. There shall not be deemed to have occurred, and there has not otherwise occurred, any payment in full, satisfaction or novation of the indebtedness evidenced by the “Revolving Credit Notes”, as defined in the Existing Sixth Amended and Restated Credit Agreement) for , which indebtedness is instead allocated among the Revolving Credit Loans under Lenders as of the Existing Credit Agreementdate hereof, and the “Interest Periods” (as defined applicable, in the Existing Credit Agreement) accordance with respect to such “their respective Revolving Credit Loans” under Commitment Percentages. On the Existing Closing Date, the U.S. Dollar Revolving Credit Agreement Lenders shall remain in effectmake adjustments among themselves so that the outstanding U.S. Dollar Revolving Credit Loans are consistent with their U.S. Dollar Revolving Credit Commitment Percentages.

Revolving Credit Loans; Bid Loans. (a) Subject to the terms and conditions set forth in this Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Revolving Credit Maturity Date upon notice by the Borrower to the Agent given in accordance with §2.7, such sums denominated in U.S. dollars as are requested by the Borrower for the purposes set forth in §2.9 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to the lesser of (i) such Revolving Credit Lender’s Revolving Credit CommitmentCommitment and (ii) such Revolving Credit Lender’s Revolving Credit Commitment Percentage of the Unencumbered Asset Pool Availability; provided and provided, further that, in all events in accordance with §11.2 no Default or Event of Default shall have occurred and be continuing; and provided, further, that (i) the aggregate Outstanding outstanding principal amount of the Revolving Credit Loans (after giving effect to all amounts requested), Outstanding Swing Loans, Outstanding Bid Loans and aggregate Letter of Credit Liabilities shall not at any time exceed the Total Revolving Credit Commitment, Commitment and (ii) the Outstanding outstanding principal amount of the Revolving Credit Loans (after giving effect to all amounts requested), Outstanding Term Loans, Outstanding Swing Loans, Outstanding Bid Loans and the Letter of Credit Liabilities shall not at any time exceed the Total Commitment or cause a violation of the covenant covenants set forth in §9. 1. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Revolving Credit Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions required of the Xxxxxxxx xxx xxxxx xx §00 and §11 have been satisfied on the date of such request. The Agent may assume that the conditions in §10 and §11 have been satisfied unless it receives prior written notice from a Revolving Credit Lender that such conditions have not been satisfied. No Revolving Credit Lender shall have any obligation to make Revolving Credit Loans to the Borrower in the maximum aggregate principal outstanding balance of more than the principal face amount of its Revolving Credit Note. (b) If requested by a The Revolving Credit LenderLoans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A-1 hereto (collectively, a the “Revolving Credit Notes”), dated of even date with this Agreement (except as otherwise provided in §2.11 or §18.3) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Revolving Credit Lender in the principal amount equal to such Revolving Credit Lender’s Revolving Credit Commitment orCommitment. The Borrower irrevocably authorizes Agent to make or cause to be made, if lessat or about the time of the Drawdown Date of any Revolving Credit Loan or the time of receipt of any payment of principal thereof, an appropriate notation on Agent’s Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of all the Revolving Credit Loans made by such set forth on Agent’s Record shall be prima facie evidence of the principal amount thereof owing and unpaid to each Revolving Credit Lender, plus interest accrued thereonbut the failure to record, as set forth or any error in this Agreement. The Drawdown Date for so recording, any such amount on Agent’s Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Loans Note to make payments of principal of or interest on any Revolving Credit Note when due. There shall not be deemed to have occurred, and there has not otherwise occurred, any payment in full, satisfaction or novation of the currently effective indebtedness evidenced by the “Drawdown Date” (Revolving Credit Notes”, as defined in the Existing Fourth Amended and Restated Credit Agreement) for , which indebtedness is instead allocated among the Revolving Credit Loans under Lenders as of the Existing Credit Agreementdate hereof, and the “Interest Periods” (as defined applicable, in the Existing Credit Agreement) accordance with respect to such “their respective Revolving Credit Loans” under Commitment Percentages. On the Existing Closing Date, the Revolving Credit Agreement Lenders shall remain in effectmake adjustments among themselves so that the outstanding Revolving Credit Loans are consistent with their Revolving Credit Commitment Percentages.

Revolving Credit Loans; Bid Loans. (a) Subject to the terms and conditions set forth in this Agreement, each of the Revolving Credit Lenders severally agrees to lend to Borrower, and Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Revolving Credit Maturity Date upon notice by Borrower to the Agent given in accordance with §2.7, such sums as are requested by Borrower for the purposes set forth in §2.9 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment; provided that, in all events in accordance with §11.2 no Default or Event of Default shall have occurred and be continuing; and provided, further, that (i) the aggregate Outstanding Revolving Credit Loans (after giving effect to all amounts requested), Outstanding Swing Loans, Outstanding Bid Loans and aggregate Letter of Credit Liabilities shall not at any time exceed the Total Revolving Credit Commitment, and (ii) the Outstanding Revolving Credit Loans (after giving effect to all amounts requested), Outstanding Term Loans, Outstanding Swing Loans, Outstanding Bid Loans and the Letter of Credit Liabilities shall not at any time exceed the Total Commitment or cause a violation of the covenant set forth in §9. 1. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Revolving Credit Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by Borrower that all of the conditions required of Xxxxxxxx xxx xxxxx xx §00 and §11 have been satisfied on the date of such request. The Agent may assume that the conditions in §10 and §11 have been satisfied unless it receives prior written notice from a Revolving Credit Lender that such conditions have not been satisfied. No Revolving Credit Lender shall have any obligation to make Revolving Credit Loans to Borrower in the maximum aggregate principal outstanding balance of more than the principal face amount of its Revolving Credit Note. (b) If requested by a The Revolving Credit LenderLoans shall be evidenced by separate promissory notes of Borrower in substantially the form of Exhibit A hereto (collectively, a the “Revolving Credit Notes”), dated of even date with this Agreement (except as otherwise provided in §2.11 or §18.3) and completed with appropriate insertions. One Revolving Credit Note shall be payable to each Revolving Credit Lender in the principal amount equal to such Revolving Credit Lender’s Revolving Credit Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Revolving Credit Lender, plus interest accrued thereon, as set forth in this Agreementbelow. Borrower irrevocably authorizes Agent to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or the time of receipt of any payment of principal thereof, an appropriate notation on Agent’s Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The Drawdown Date for outstanding amount of the Revolving Credit Loans set forth on Agent’s Record shall be prima facie evidence of the currently effective “Drawdown Date” (as defined in the Existing Credit Agreement) for the principal amount thereof owing and unpaid to each Revolving Credit Loans Lender, but the failure to record, or any error in so recording, any such amount on Agent’s Record shall not limit or otherwise affect the obligations of Borrower hereunder or under the Existing Credit Agreement, and the “Interest Periods” (as defined in the Existing Credit Agreement) with respect to such “any Revolving Credit Loans” under the Existing Note to make payments of principal of or interest on any Revolving Credit Agreement shall remain in effectNote when due.