Common use of Syndicated Loans Clause in Contracts

Syndicated Loans. Each Bank ------------------- ---------------- severally agrees, on the terms and conditions set forth herein, to make Syndicated Loans (which may be, at the option of any relevant Borrower and subject to the terms and conditions hereof, Syndicated Foreign Currency Loans or Syndicated Dollar Loans, and Syndicated Dollar Loans may be Base Rate Loans or Euro-Dollar Loans) to any of the Borrowers from time to time before the Termination Date; provided that immediately after each -------- such Loan is made: (i) the sum of the aggregate principal amount of Syndicated Dollar Loans and the Dollar Equivalent of the aggregate principal amount of Syndicated Foreign Currency Loans by such Bank to all Borrowers does not exceed the amount of its Commitment, and (ii) the aggregate outstanding principal amount of all Syndicated Dollar Loans, Swing Loans, Dollar Money Market Loans, the Dollar Equivalent of Syndicated Foreign Currency Loans, and the Dollar Equivalent of Foreign Currency Money Market Loans does not exceed the aggregate amount of the Commitments of all of the Banks. Subject to the foregoing, and subject to the provisions of Section 2.11(c), the Borrowers are permitted, subject to the terms and conditions hereof, to obtain Loans up to the full aggregate amount of the Unused Commitments of the Banks. The Dollar Equivalent of each Foreign Currency Loan on the date such Foreign Currency Loan is disbursed is to be deemed to be the amount of such Foreign Currency Loan outstanding for the purpose of calculating the unutilized portion of the Commitments on the date of such disbursement. Each Fixed Rate Borrowing under this Section is required to be in an aggregate principal amount of $5,000,000 (or the Dollar Equivalent thereof in any Foreign Currency) or, with respect to Syndicated Dollar Loans only, any larger multiple of $500,000 (except that any such Borrowing may be in the aggregate amount of the Unused Commitments) and is required to be made from the several Banks ratably in proportion to their respective Commitments. Each Base Rate Borrowing under this Section is required to be in an aggregate principal amount of $5,000,000 or any larger multiple of $1,000,000 (except that any such Borrowing may be in the aggregate amount of the Unused Commitments) and is required to be made from the several Banks ratably in proportion to their respective Commitments. Within the foregoing limits, the Borrowers may, through the Parent, borrow under this Section, and each such Borrower may repay or, to the extent permitted by Section 2.10, prepay Syndicated Loans and reborrow under this Section at any time before the Termination Date.

Syndicated Loans. Each Subject to the terms and conditions of this Agreement: (a) each Dollar Bank ------------------- ---------------- severally agrees, on the terms and conditions set forth hereinof this Agreement, to make Syndicated Loans loans to the Company and the Domestic Subsidiary Borrowers in Dollars during the Availability Period in an aggregate principal amount that that will not result in (which may bei) such Dollar Bank’s Dollar Credit Exposure exceeding its Dollar Commitment and (ii) the aggregate Dollar Credit Exposure of all of the Dollar Banks exceeding the aggregate Dollar Commitments; and (b) each Multicurrency Bank severally agrees, at on the option terms and conditions of this Agreement, to make loans to the Borrowers in Dollars or in any relevant Borrower Agreed Foreign Currency during the Availability Period in an aggregate principal amount that will not result in (i) such Multicurrency Bank’s Multicurrency Credit Exposure exceeding its Multicurrency Commitment and subject (ii) the aggregate Multicurrency Credit Exposure of all of the Multicurrency Banks exceeding the aggregate Multicurrency Commitments. Subject to the terms and conditions of this Agreement, during such period the Borrowers may borrow, repay and reborrow Syndicated Loans and during such period and thereafter the applicable Borrower may Convert Loans of one Type that are denominated in Dollars into Loans of another Type that are denominated in Dollars (as provided in Section 2.09 hereof, Syndicated Foreign ) or Continue Loans of one Type and Currency as Loans or Syndicated Dollar Loans, and Syndicated Dollar Loans may be Base Rate Loans or Euro-Dollar Loans) to any of the Borrowers from time to time before the Termination Datesame Type and Currency (as provided in Section 2.09 hereof); provided that immediately after (a) no more than three separate Interest Periods in respect of Eurocurrency Loans from each -------- such Bank may be outstanding at any one time and (b) Syndicated Loans to any Foreign Subsidiary Borrower shall be made as Eurocurrency Loans only. Each Multicurrency Bank at its option may make any Eurocurrency Loan is made: (i) the sum to any Borrower by causing any domestic or foreign branch or Affiliate of the aggregate principal amount of Syndicated Dollar Loans and the Dollar Equivalent of the aggregate principal amount of Syndicated Foreign Currency Loans by such Bank to all Borrowers does make such Loan; provided that any exercise of such option shall not exceed affect the amount of its Commitment, and (ii) the aggregate outstanding principal amount of all Syndicated Dollar Loans, Swing Loans, Dollar Money Market Loans, the Dollar Equivalent of Syndicated Foreign Currency Loans, and the Dollar Equivalent of Foreign Currency Money Market Loans does not exceed the aggregate amount obligation of the Commitments of all of the Banks. Subject applicable Borrower to the foregoing, and subject to the provisions of Section 2.11(c), the Borrowers are permitted, subject to repay such Loan in accordance with the terms and conditions hereof, to obtain Loans up to the full aggregate amount of the Unused Commitments of the Banks. The Dollar Equivalent of each Foreign Currency Loan on the date such Foreign Currency Loan is disbursed is to be deemed to be the amount of such Foreign Currency Loan outstanding for the purpose of calculating the unutilized portion of the Commitments on the date of such disbursement. Each Fixed Rate Borrowing under this Section is required to be in an aggregate principal amount of $5,000,000 (or the Dollar Equivalent thereof in any Foreign Currency) or, with respect to Syndicated Dollar Loans only, any larger multiple of $500,000 (except that any such Borrowing may be in the aggregate amount of the Unused Commitments) and is required to be made from the several Banks ratably in proportion to their respective Commitments. Each Base Rate Borrowing under this Section is required to be in an aggregate principal amount of $5,000,000 or any larger multiple of $1,000,000 (except that any such Borrowing may be in the aggregate amount of the Unused Commitments) and is required to be made from the several Banks ratably in proportion to their respective Commitments. Within the foregoing limits, the Borrowers may, through the Parent, borrow under this Section, and each such Borrower may repay or, to the extent permitted by Section 2.10, prepay Syndicated Loans and reborrow under this Section at any time before the Termination DateAgreement.

Syndicated Loans. Each Subject to the terms and conditions of this Agreement: (a) each Dollar Bank ------------------- ---------------- severally agrees, on the terms and conditions set forth hereinof this Agreement, to make Syndicated Loans loans to the Company and the Domestic Subsidiary Borrowers in Dollars during the Availability Period in an aggregate principal amount that that will not result in (which may bei) such Dollar Bank's Dollar Credit Exposure exceeding its Dollar Commitment and (ii) the aggregate Dollar Credit Exposure of all of the Dollar Banks exceeding the aggregate Dollar Commitments; and (b) each Multicurrency Bank severally agrees, at on the option terms and conditions of this Agreement, to make loans to the Borrowers in Dollars or in any relevant Borrower Agreed Foreign Currency during the Availability Period in an aggregate principal amount that will not result in (i) such Multicurrency Bank's Multicurrency Credit Exposure exceeding its Multicurrency Commitment and subject (ii) the aggregate Multicurrency Credit Exposure of all of the Multicurrency Banks exceeding the aggregate Multicurrency Commitments. Subject to the terms and conditions of this Agreement, during such period the Borrowers may borrow, repay and reborrow Syndicated Loans and during such period and thereafter the applicable Borrower may Convert Loans of one Type that are denominated in Dollars into Loans of another Type that are denominated in Dollars (as provided in Section 2.09 hereof, Syndicated Foreign ) or Continue Loans of one Type and Currency as Loans or Syndicated Dollar Loans, and Syndicated Dollar Loans may be Base Rate Loans or Euro-Dollar Loans) to any of the Borrowers from time to time before the Termination Datesame Type and Currency (as provided in Section 2.09 hereof); provided that immediately after (a) no more than three separate Interest Periods in respect of Eurocurrency Loans from each -------- such Bank may be outstanding at any one time and (b) Syndicated Loans to any Foreign Subsidiary Borrower shall be made as Eurocurrency Loans only. Each Multicurrency Bank at its option may make any Eurocurrency Loan is made: (i) the sum to any Borrower by causing any domestic or foreign branch or Affiliate of the aggregate principal amount of Syndicated Dollar Loans and the Dollar Equivalent of the aggregate principal amount of Syndicated Foreign Currency Loans by such Bank to all Borrowers does make such Loan; provided that any exercise of such option shall not exceed affect the amount of its Commitment, and (ii) the aggregate outstanding principal amount of all Syndicated Dollar Loans, Swing Loans, Dollar Money Market Loans, the Dollar Equivalent of Syndicated Foreign Currency Loans, and the Dollar Equivalent of Foreign Currency Money Market Loans does not exceed the aggregate amount obligation of the Commitments of all of the Banks. Subject applicable Borrower to the foregoing, and subject to the provisions of Section 2.11(c), the Borrowers are permitted, subject to repay such Loan in accordance with the terms and conditions hereof, to obtain Loans up to the full aggregate amount of the Unused Commitments of the Banks. The Dollar Equivalent of each Foreign Currency Loan on the date such Foreign Currency Loan is disbursed is to be deemed to be the amount of such Foreign Currency Loan outstanding for the purpose of calculating the unutilized portion of the Commitments on the date of such disbursement. Each Fixed Rate Borrowing under this Section is required to be in an aggregate principal amount of $5,000,000 (or the Dollar Equivalent thereof in any Foreign Currency) or, with respect to Syndicated Dollar Loans only, any larger multiple of $500,000 (except that any such Borrowing may be in the aggregate amount of the Unused Commitments) and is required to be made from the several Banks ratably in proportion to their respective Commitments. Each Base Rate Borrowing under this Section is required to be in an aggregate principal amount of $5,000,000 or any larger multiple of $1,000,000 (except that any such Borrowing may be in the aggregate amount of the Unused Commitments) and is required to be made from the several Banks ratably in proportion to their respective Commitments. Within the foregoing limits, the Borrowers may, through the Parent, borrow under this Section, and each such Borrower may repay or, to the extent permitted by Section 2.10, prepay Syndicated Loans and reborrow under this Section at any time before the Termination DateAgreement.

Syndicated Loans. Each Bank ------------------- ---------------- severally agrees, on the terms and conditions set forth herein, to make Syndicated Loans (which may be, at the option of any relevant Borrower and subject Subject to the terms and conditions hereof, Syndicated Foreign Currency Loans or Syndicated Dollar Loanseach Lender agrees, severally and Syndicated Dollar Loans may be Base Rate Loans or Euro-Dollar Loans) not jointly, to any of the Borrowers make, from time to time before during the Termination Date; provided Availability Period, (a) Syndicated Loans to the Parent denominated in dollars, (b) Syndicated Loans to MWC denominated in a Foreign Currency and (c) Syndicated Loans to Luxury denominated in a Foreign Currency, in an aggregate principal amount at any time outstanding that immediately after each -------- such Loan is madewill not result in: (i) the sum of the aggregate principal amount (x) such Lender's Syndicated Loan Exposure, plus (y) such Lender's L/C Exposure, plus (z) such Lender's Pro Rata Percentage of Syndicated Dollar all outstanding Swingline Loans and the Dollar Equivalent of the aggregate principal amount of Syndicated Foreign Currency Loans by exceeding such Bank to all Borrowers does not exceed the amount of its Lender's Revolving Credit Commitment, andor (ii) the aggregate outstanding principal amount of all Syndicated Dollar Loans, Swing Loans, Dollar Money Market Loans, the Dollar Equivalent of Syndicated such Lender's outstanding Foreign Currency Loans, and Loans exceeding such Lender's Pro Rata Percentage of the Dollar Equivalent of Foreign Currency Money Market Loans does not exceed Sublimit Dollar Amount; or (iii) the aggregate amount of Aggregate Credit Exposure exceeding the Commitments of all of Total Revolving Credit Commitment. Within the Banks. Subject to limits set forth in the foregoing, preceding sentence and subject to the provisions of Section 2.11(c)terms, conditions and limitations set forth herein, the Borrowers are permittedmay borrow, subject to the terms and conditions hereof, to obtain Loans up to the full aggregate amount of the Unused Commitments of the Banks. The Dollar Equivalent of each Foreign Currency Loan on the date such Foreign Currency Loan is disbursed is to be deemed to be the amount of such Foreign Currency Loan outstanding for the purpose of calculating the unutilized portion of the Commitments on the date of such disbursement. Each Fixed Rate Borrowing under this Section is required to be in an aggregate principal amount of $5,000,000 (pay or the Dollar Equivalent thereof in any Foreign Currency) or, with respect to Syndicated Dollar Loans only, any larger multiple of $500,000 (except that any such Borrowing may be in the aggregate amount of the Unused Commitments) and is required to be made from the several Banks ratably in proportion to their respective Commitments. Each Base Rate Borrowing under this Section is required to be in an aggregate principal amount of $5,000,000 or any larger multiple of $1,000,000 (except that any such Borrowing may be in the aggregate amount of the Unused Commitments) and is required to be made from the several Banks ratably in proportion to their respective Commitments. Within the foregoing limits, the Borrowers may, through the Parent, borrow under this Section, and each such Borrower may repay or, to the extent permitted by Section 2.10, prepay Syndicated Loans and reborrow under this Section at any time before the Termination DateSyndicated Loans.