Common use of REVOLVING LOAN COMPONENT Clause in Contracts

REVOLVING LOAN COMPONENT. Upon the terms and subject to the conditions set forth in this Agreement, Lender agrees at any time and from time to time during the Revolving Loan Term, to make a loan or loans to Borrower, and Borrower may borrow, repay and reborrow during the Revolving Loan Term, with respect to the Revolving Loan Component only, in an aggregate amount not to exceed at any time the lesser of: (i) the amount of the Borrowing Base or (ii) the lending limits set forth in Section 2.1(b) hereof. Notwithstanding anything herein to the contrary, as of the Second Amendment Effective Date, the aggregate balance of all Advances, shall not exceed $6,245,400.00 (the "Maximum Available Amount"). Borrower's right to receive Advances hereunder shall also be subject to the terms and conditions set forth in that certain Intercreditor Agreement between Lender, Borrower, Xxxxxx and Sovereign dated of even date herewith. Borrower acknowledges, confirms and agrees that Lender shall have the right to allocate any request for an Advance hereunder to this Loan, the Tranche A Credit Facility and/or the Tranche B Credit Facility in such manner as Lender may elect in its sole and absolute discretion. Notwithstanding anything herein to the contrary, Borrower acknowledges, confirms and agrees that it shall not be entitled to receive, nor shall Lender be required to make, any Advance if and to the extent that: (i) Borrower has failed to substantially adhere to the Business Plan, including the Senior Lender Advance Schedule, as determined by Lender in its sole and absolute discretion; or (ii) the most recent weekly flash report delivered in accordance with Section 7.1(h)(i) hereof (a "Weekly Flash Report"), indicates that Borrower has in excess of five million dollars ($5,000,000) in available unrestricted cash. Borrower acknowledges, agrees and confirms that as provided in the Business Plan, the Commitment for the Revolving Loan Component and the Maximum Available Amount shall be reduced to $5,587,900.00 ON MARCH 31, 2006. On or before the SECOND AMENDMENT EFFECTIVE DATE, the aggregate amount of the Commitment for the Revolving Loan Component provided hereunder, under the Additional Credit Facility and the Tranche C Facility shall be equal to $95,000,000.00. Borrower further acknowledges, confirms and agrees that the aggregate Commitment for the Revolving Loan Component under this Agreement, the Additional Credit Facility and the Tranche C Facility shall be reduced to $85,000,000.00 ON MARCH 31, 2006."

REVOLVING LOAN COMPONENT. Upon the terms and subject to the conditions set forth in this Agreement, Lender agrees at any time and from time to time during the Revolving Loan Term, to make a loan or loans to Borrower, and Borrower may borrow, repay and reborrow during the Revolving Loan Term, with respect to the Revolving Loan Component only, in an aggregate amount not to exceed at any time the lesser of: (i) the amount of the Borrowing Base or (ii) the lending limits set forth in Section 2.1(b) hereof. Notwithstanding anything herein to the contrary, as of the Second Amendment Effective Date, the aggregate balance of all Advances, shall not exceed $6,245,400.00 9,058,000.00 less the aggregate outstanding principal balance of the Term Loan Component from time to time (the "Maximum Available AmountMAXIMUM AVAILABLE AMOUNT"). Borrower's right to receive Advances hereunder shall also be subject to the terms and conditions set forth in that certain Intercreditor Agreement between Lender, Borrower, Xxxxxx Heller and Sovereign dated of even date herewith. Borrower acknowledgesacknowledgxx, confirms xxnfirms and agrees that Lender shall have the right to allocate any request for an Advance hereunder to this Loan, the Tranche A Credit Facility and/or the Tranche B Credit Facility in such manner as Lender may elect in its sole and absolute discretion. Notwithstanding anything herein to the contrary, Borrower acknowledges, confirms and agrees that it shall not be entitled to receive, nor shall Lender be required to make, any Advance if and to the extent that: (i) Borrower has failed to substantially adhere to the Business Plan, including the Senior Lender Advance Schedule, as determined by Lender in its sole and absolute discretion; or (ii) the most recent weekly flash report delivered in accordance with Section 7.1(h)(i) hereof (a "Weekly Flash ReportWEEKLY FLASH REPORT"), indicates that Borrower has in excess of five million dollars ($5,000,000) in available unrestricted cash. Borrower acknowledges, agrees and confirms that as provided in the Business Plan, the Commitment for the Revolving Loan Component and the Maximum Available Amount shall be reduced to $5,587,900.00 ON MARCH the following amounts: (i) on and after March 31, 2006. 2004 - $6,993,000, less the outstanding principal balance of the Term Loan Component from time to time; (ii) on and after March 31, 2005 - $4,995,000, less the outstanding principal balance of the Term Loan Component from time to time; and (iii) on and after March 31, 2006 - $4,662,000, less the outstanding principal balance of the Term Loan Component from time to time; On or before after the SECOND AMENDMENT EFFECTIVE DATEEffective Date, the aggregate amount of the Commitment for the Revolving Loan Component provided hereunder, under the Additional Tranche A Credit Facility and the Tranche C B Credit Facility shall be equal to $95,000,000.00136,000,000.00 less the aggregate principal balance of the Term Loan Components hereunder, under the Tranche A Credit Facility and under the Tranche B Facility. Borrower further acknowledges, confirms and agrees that the aggregate Commitment for the Revolving Loan Component under this Agreement, the Additional Tranche A Credit Facility and the Tranche C B Facility shall be reduced to $85,000,000.00 ON MARCH the following amounts: (i) after March 31, 20062004 - $105,000,000.00, less the aggregate outstanding principal balance of the Term Loan Component of each such facility from time to time; (ii) after March 31, 2005 - $75,000,000.00, less the aggregate outstanding principal balance of the Term Loan Component of each such facility from time to time; and (iii) after March 31, 2006 - $70,000,000.00, less the aggregate outstanding principal balance of the Term Loan Component of each such facility from time to time."

REVOLVING LOAN COMPONENT. Upon the terms and subject to the conditions set forth in this Agreement, each Lender agrees severally, at any time and from time to time during the Revolving Loan Term, to make a loan or loans to Borrower, and Borrower may borrow, repay and reborrow during the Revolving Loan Term, with respect to the Revolving Loan Component only, in an aggregate amount not to exceed at any time the lesser of: (i) each Lender's Pro Rata Percentage of the amount of the Borrowing Base or (ii) the lending limits set forth in Section section 2.1(b) hereof. Notwithstanding anything herein to the contrary, as of the Second First Amendment Effective Date, the aggregate balance of all Advances, Advances shall not exceed $6,245,400.00 44,650,000.00 (the "Maximum Available Amount"). Borrower's right to receive Advances hereunder shall also be subject to the terms and conditions set forth in that certain Intercreditor Agreement between Lender, Borrower, Xxxxxx and Sovereign dated of even date herewith. Borrower acknowledges, confirms and agrees that Lender TFC shall have the right to allocate any request for an Advance hereunder to this Loan, the Tranche A Additional Credit Facility and/or the Tranche B Credit C Facility in such manner as Lender TFC may elect in its sole and absolute discretion. Notwithstanding anything herein to the contrary, Borrower acknowledges, confirms and agrees that it shall not be entitled to receive, nor shall any Lender be required to make, any Advance if and to the extent that: (i) Borrower has failed to substantially adhere to the Business Plan, including the Senior Lender Advance Schedule, as determined by Lender Agent in its sole and absolute discretion; or (ii) the most recent weekly flash report delivered in accordance with Section 7.1(h)(i7.1(h)(xii) hereof (a "Weekly Flash Report"), indicates that Borrower has in excess of five million dollars ($5,000,000) in available unrestricted cash. Borrower acknowledges, agrees and confirms that as provided in the Business Plan, the Commitment for the Revolving Loan Component and the Maximum Available Amount shall be reduced to $5,587,900.00 39,950,000.00 ON MARCH 31, 2006. On or before the SECOND FIRST AMENDMENT EFFECTIVE DATE, the aggregate amount of the Commitment for the Revolving Loan Component provided hereunder, under the Additional Credit Facility and the Tranche C Facility shall be equal to $95,000,000.00. Borrower further acknowledges, confirms and agrees that the aggregate Commitment for the Revolving Loan Component under this Agreement, the Additional Credit Facility and the Tranche C Facility shall be reduced to $85,000,000.00 ON MARCH 31, 2006."

REVOLVING LOAN COMPONENT. Upon the terms and subject to the conditions set forth in this Agreement, each Lender agrees severally, at any time and from time to time during the Revolving Loan Term, to make a loan or loans to Borrower, and Borrower may borrow, repay and reborrow during the Revolving Loan Term, with respect to the Revolving Loan Component only, in an aggregate amount not to exceed at any time the lesser of: (i) each Lender's Pro Rata Percentage of the amount of the Borrowing Base or (ii) the lending limits set forth in Section section 2.1(b) hereof. Notwithstanding anything herein to the contrary, as of the Second First Amendment Effective Date, the aggregate balance of all Advances, Advances shall not exceed $6,245,400.00 44,104,600.00 (the "Maximum Available Amount"). Borrower's right to receive Advances hereunder shall also be subject to the terms and conditions set forth in that certain Intercreditor Agreement between Lender, Borrower, Xxxxxx and Sovereign dated of even date herewith. Borrower acknowledges, confirms and agrees that Lender TFC shall have the right to allocate any request for an Advance hereunder to this Loan, the Tranche A Additional Credit Facility and/or the Tranche B Credit C Facility in such manner as Lender TFC may elect in its sole and absolute discretion. Notwithstanding anything herein to the contrary, Borrower acknowledges, confirms and agrees that it shall not be entitled to receive, nor shall any Lender be required to make, any Advance if and to the extent that: (i) Borrower has failed to substantially adhere to the Business Plan, including the Senior Lender Advance Schedule, as determined by Lender Agent in its sole and absolute discretion; or (ii) the most recent weekly flash report delivered in accordance with Section 7.1(h)(i7.1(h)(xii) hereof (a "Weekly Flash Report"), indicates that Borrower has in excess of five million dollars ($5,000,000) in available unrestricted cash. Borrower acknowledges, agrees and confirms that as provided in the Business Plan, the Commitment for the Revolving Loan Component and the Maximum Available Amount shall be reduced to $5,587,900.00 39,462,100.00 ON MARCH 31, 2006. On or before the SECOND FIRST AMENDMENT EFFECTIVE DATE, the aggregate amount of the Commitment for the Revolving Loan Component provided hereunder, under the Additional Credit Facility and the Tranche C Facility shall be equal to $95,000,000.00. Borrower further acknowledges, confirms and agrees that the aggregate Commitment for the Revolving Loan Component under this Agreement, the Additional Credit Facility and the Tranche C Facility shall be reduced to $85,000,000.00 ON MARCH 31, 2006."

REVOLVING LOAN COMPONENT. Upon the terms and subject to the conditions set forth in this Agreement, each Lender agrees severally, at any time and from time to time during the Revolving Loan Term, to make a loan or loans to Borrower, and Borrower may borrow, repay and reborrow during the Revolving Loan Term, with respect to the Revolving Loan Component only, in an aggregate amount not to exceed at any time the lesser of: (i) each Lender's Pro Rata Percentage of the amount of the Borrowing Base or (ii) the lending limits set forth in Section section 2.1(b) hereof. Notwithstanding anything herein to the contrary, as of the Second Amendment Effective Date, the aggregate balance of all Advances, Advances shall not exceed $6,245,400.00 63,920,000.00 less the aggregate outstanding principal balance of the Term Loan Component from time to time (the "Maximum Available AmountMAXIMUM AVAILABLE AMOUNT"). Borrower's right to receive Advances hereunder shall also be subject to the terms and conditions set forth in that certain Intercreditor Agreement between Lender, Borrower, Xxxxxx Heller and Sovereign dated of even date herewith. Borrower acknowledgesacknowledgxx, confirms xxnfirms and agrees that Lender TFC shall have the right to allocate any request for an Advance hereunder to this Loan, the Tranche A Additional Credit Facility and/or the Tranche B Credit C Facility in such manner as Lender TFC may elect in its sole and absolute discretion. Notwithstanding anything herein to the contrary, Borrower acknowledges, confirms and agrees that it shall not be entitled to receive, nor shall any Lender be required to make, any Advance if and to the extent that: (i) Borrower has failed to substantially adhere to the Business Plan, including the Senior Lender Advance Schedule, as determined by Lender Agent in its sole and absolute discretion; or (ii) the most recent weekly flash report delivered in accordance with Section 7.1(h)(i7.1(h)(xii) hereof (a "Weekly Flash ReportWEEKLY FLASH REPORT"), indicates that Borrower has in excess of five million dollars ($5,000,000) in available unrestricted cash. Borrower acknowledges, agrees and confirms that as provided in the Business Plan, the Commitment for the Revolving Loan Component and the Maximum Available Amount shall be reduced to $5,587,900.00 ON MARCH the following amounts: (i) on and after March 31, 20062004 - approximately $49,350,000.00, less the outstanding principal balance of the Term Loan Component from time to time; (ii) on and after March 31, 2005 - approximately $35,250,000.00, less the outstanding principal balance of the Term Loan Component from time to time; and (iii) on and after March 31, 2006 - approximately $32,900,000.00, less the outstanding principal balance of the Term Loan Component from time to time. On or before after the SECOND AMENDMENT EFFECTIVE DATEEffective Date, the aggregate amount of the Commitment for the Revolving Loan Component provided hereunder, under the Additional Credit Facility and the Tranche C Facility shall be equal to $95,000,000.00136,000,000.00 less the aggregate principal balance of the Term Loan Components hereunder, under the Additional Credit Facility and under the Tranche C Facility. Borrower further acknowledges, confirms and agrees that the aggregate Commitment for the Revolving Loan Component under this Agreement, the Additional Credit Facility and the Tranche C Facility shall be reduced to $85,000,000.00 ON MARCH the following amounts: (i) after March 31, 20062004 - $105,000,000.00, less the aggregate outstanding principal balance of the Term Loan Component of each such facility from time to time; (ii) after March 31, 2005 - $75,000,000.00, less the aggregate outstanding principal balance of the Term Loan Component of each such facility from time to time; and (iii) after March 31, 2006 - $70,000,000.00, less the aggregate outstanding principal balance of the Term Loan Component of each such facility from time to time."

REVOLVING LOAN COMPONENT. Upon the terms and subject to the conditions set forth in this Agreement, each Lender agrees severally, at any time and from time to time during the Revolving Loan Term, to make a loan or loans to Borrower, and Borrower may borrow, repay and reborrow during the Revolving Loan Term, with respect to the Revolving Loan Component only, in an aggregate amount not to exceed at any time the lesser of: (i) each Lender's Pro Rata Percentage of the amount of the Borrowing Base or (ii) the lending limits set forth in Section section 2.1(b) hereof. Notwithstanding anything herein to the contrary, as of the Second Amendment Effective Date, the aggregate balance of all Advances, shall not exceed $6,245,400.00 63,022,000.00 less the aggregate outstanding principal balance of the Term Loan Component from time to time (the "Maximum Available AmountMAXIMUM AVAILABLE AMOUNT"). Borrower's right to receive Advances hereunder shall also be subject to the terms and conditions set forth in that certain Intercreditor Agreement between Lender, Borrower, Xxxxxx Heller and Sovereign dated of even date herewith. Borrower acknowledgesacknowledgxx, confirms xxnfirms and agrees that Lender TFC shall have the right to allocate any request for an Advance hereunder to this Loan, the Tranche A Additional Credit Facility and/or the Tranche B Credit C Facility in such manner as Lender TFC may elect in its sole and absolute discretion. Notwithstanding anything herein to the contrary, Borrower acknowledges, confirms and agrees that it shall not be entitled to receive, nor shall any Lender be required to make, any Advance if and to the extent that: (i) Borrower has failed to substantially adhere to the Business Plan, including the Senior Lender Advance Schedule, as determined by Lender Agent in its sole and absolute discretion; or (ii) the most recent weekly flash report delivered in accordance with Section 7.1(h)(i7.1(h)(xii) hereof (a "Weekly Flash ReportWEEKLY FLASH REPORT"), indicates that Borrower has in excess of five million dollars ($5,000,000) in available unrestricted cash. Borrower acknowledges, agrees and confirms that as provided in the Business Plan, the Commitment for the Revolving Loan Component and the Maximum Available Amount shall be reduced to $5,587,900.00 ON MARCH the following amounts: (i) on and after March 31, 20062004 - approximately $48,657,000, less the outstanding principal balance of the Term Loan Component from time to time; (ii) on and after March 31, 2005 - approximately $34,755,000, less the outstanding principal balance of the Term Loan Component from time to time; and (iii) on and after March 31, 2006 - approximately $32,438,000, less the outstanding principal balance of the Term Loan Component from time to time. On or before after the SECOND AMENDMENT EFFECTIVE DATEEffective Date, the aggregate amount of the Commitment for the Revolving Loan Component provided hereunder, under the Additional Credit Facility and the Tranche C Facility shall be equal to $95,000,000.00136,000,000.00 less the aggregate principal balance of the Term Loan Components hereunder, under the Additional Credit Facility and under the Tranche C Facility. Borrower further acknowledges, confirms and agrees that the aggregate Commitment for the Revolving Loan Component under this Agreement, the Additional Credit Facility and the Tranche C Facility shall be reduced to $85,000,000.00 ON MARCH the following amounts: (i) after March 31, 20062004 - $105,000,000.00, less the aggregate outstanding principal balance of the Term Loan Component of each such facility from time to time; (ii) after March 31, 2005 - $75,000,000.00, less the aggregate outstanding principal balance of the Term Loan Component of each such facility from time to time; and (iii) after March 31, 2006 - $70,000,000.00, less the aggregate outstanding principal balance of the Term Loan Component of each such facility from time to time."