Common use of The Advances Clause in Contracts

The Advances. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances to the Borrower from time to time on any Business Day during the period from the date hereof until the Termination Date in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's name on the signature pages hereof or, if such Lender has entered into any Assignment and Acceptance, set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 (such Lender's "Commitment"), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower may borrow, prepay pursuant to Section 2.09(a) and reborrow under this Section 2.01A.

The Advances. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances to the Borrower or Borrowing Subsidiary from time to time on any Business Day during the period from the date hereof until the Termination Date applicable to such Lender in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's name on the signature pages hereof Schedule I hereto, if such Lender has entered into an Assumption Agreement, set forth for such Lender in such Assumption Agreement or, if such Lender has entered into any Assignment and AcceptanceAssumption, set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 (such Lender's "“Commitment"”), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than $5,000,000 10,000,000 or an integral multiple of $1,000,000 in excess thereof (unless the aggregate amount of the unused Commitments is less than $10,000,000, in which case such Borrowing shall be equal to the aggregate amount of the unused Commitments) and shall consist of Advances of the same Type and having the same Interest Period made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower may from time to time borrow, prepay pursuant to Section 2.09(a) 2.09 and reborrow under this Section 2.01A.2.01.

The Advances. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances to the Borrower and to participate in the reimbursement obligations of the Borrower in respect of Letters of Credit from time to time on any Business Day during the period from the date hereof until the Termination Date in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's name on the signature pages hereof Schedule II hereto or, if such Lender has entered into any Assignment and Acceptance, set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 2.05(a) or increased pursuant to Section 2.05(b) (such Lender's "“Commitment"”), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type and, in the case of Eurodollar Rate Advances, having the same Interest Period made or Converted on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower may from time to time borrow, prepay pursuant to Section 2.09(a) 2.11 and reborrow under this Section 2.01A.2.01; provided, however, that at no time may the Outstanding Credits exceed the aggregate amount of the Commitments; provided further that, on the date hereof, the aggregate amount of the Commitments shall not exceed $965,000,000.

The Advances. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances to the Borrower and to participate in the reimbursement obligations of the Borrower in respect of Letters of Credit from time to time on any Business Day during the period from the date hereof until the Termination Date with respect to the Commitment of such Lender in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's name on the signature pages hereof Schedule II hereto or, if such Lender has entered into any Assignment and Acceptance, set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 2.05 (such Lender's "Commitment"), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type and, in the case of Eurodollar Rate Advances, having the same Interest Period made or Converted on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower may from time to time borrow, prepay pursuant to Section 2.09(a) 2.11 and reborrow under this Section 2.01A.2.01; provided, however, that at no time may the Outstanding Credits exceed the aggregate amount of the Commitments.

The Advances. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances to the Borrower and to participate in the reimbursement obligations of the Borrower in respect of Letters of Credit from time to time on any Business Day during the period from the date hereof until the Termination Date with respect to the Commitment of such Lender in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's name on the signature pages hereof Schedule II hereto or, if such Lender has entered into any Assignment and Acceptance, set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 2.05(a) or increased pursuant to Section 2.05(b) (such Lender's "Commitment"), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type and, in the case of Eurodollar Rate Advances, having the same Interest Period made or Converted on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower may from time to time borrow, prepay pursuant to Section 2.09(a) 2.11 and reborrow under this Section 2.01A.2.01; provided, however, that at no time may the Outstanding Credits exceed the aggregate amount of the Commitments.

The Advances. Each Lender severally agrees, on the ------------ terms and conditions hereinafter set forth, to make Advances to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Revolver Termination Date in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's name on the signature pages hereof or, if such Lender has become a Lender hereunder pursuant to an Assumption Agreement, the amount set forth as the Commitment of such Lender in such Assumption Agreement or, if such Lender has entered into any an Assignment and Acceptance, the amount set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 (such Lender's "Commitment"), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower from time to time may borrowborrow under this Section 2.01, prepay pursuant to Section 2.09(a) 2.10 and reborrow under this Section 2.01A.2.01.

The Advances. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances to the Borrower and to participate in the reimbursement obligations of the Borrower in respect of Letters of Credit from time to time on any Business Day during the period from the date hereof until the Termination Date in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's name on the signature pages hereof Schedule II hereto or, if such Lender has entered into any Assignment and Acceptance, set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 2.05(a) or increased pursuant to Section 2.05(b) (such Lender's "Commitment"), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type and, in the case of Eurodollar Rate Advances, having the same Interest Period made or Converted on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower may from time to time borrow, prepay pursuant to Section 2.09(a) 2.11 and reborrow under this Section 2.01A.2.01; provided, however, that at no time may the Outstanding Credits exceed the aggregate amount of the Commitments; provided further that, on the date hereof, the aggregate amount of the Commitments shall not exceed $500,000,000.

The Advances. Each Lender severally agrees, on the ------------ terms and conditions hereinafter set forth, to make Advances to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's name on the signature pages hereof or, if such Lender has become a Lender hereunder pursuant to an Assumption Agreement, the amount set forth as the Commitment of such Lender in such Assumption Agreement or, if such Lender has entered into any an Assignment and Acceptance, the amount set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 or increased pursuant to Section 2.19 (such Lender's "Commitment"), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower from time to time may borrowborrow under this Section 2.01, prepay pursuant to Section 2.09(a) 2.10 and reborrow under this Section 2.01A.2.01.

The Advances. Each Lender severally agrees, on Subject to the terms and conditions hereinafter of this Agreement and in reliance upon the representations and warranties of the Borrower herein set forth, each Lender severally agrees to make Advances lend to the Borrower from time to time on any Business Day during the period from on and after the date hereof until Effective Date to but excluding the Termination Date Date, Advances in an aggregate outstanding principal amount not to exceed at any time outstanding exceeding the amount set forth opposite such Lender's name on the signature pages hereof or, if such Lender has entered into any Assignment and Acceptance, set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 2.06 (such Lender's "Commitment"), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than $5,000,000 (except that a Borrowing comprised of Base Rate Advances shall be in an aggregate amount not less than $1,000,000) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower may from time to time borrow, prepay pursuant to Section 2.09(a2.07(c) and reborrow under this Section 2.01A.2.01. Anything contained in this Agreement to the contrary notwithstanding, the Borrower shall not request any Advance that would, upon giving effect thereto, cause the Total Utilization of Commitments to exceed the aggregate Commitments of the Lenders.

The Advances. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances to the Borrower in Dollars or an Alternate Currency from time to time on any Business Day during the period from the date hereof until the Termination Date Commitment Period in an aggregate amount that will not to exceed result in such Lender’s Revolving Credit Exposure exceeding at any time outstanding the amount set forth opposite such Lender's ’s name on the signature pages hereof Schedule 2.01 hereto or, if such Lender has entered into any Assignment and AcceptanceAcceptance or is an Additional Lender, as set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c9.07(c), as such amount may be reduced or increased pursuant to Section 2.04 or 2.05 (such Lender's "’s “Commitment")”) ; provided that, provided that with respect to Borrowings made in no event an Alternate Currency, (i) all such Borrowings shall consist of Eurocurrency Rate Advances and (aii) immediately after giving effect to such Borrowing, the Aggregate Financing Amount Alternate Currency Exposure shall not exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release DateAlternate Currency Sublimit . Each Borrowing shall be in an aggregate amount not less than of $5,000,000 10,000,000 or an integral multiple of $1,000,000 (or comparable amounts determined by the Agent in the case of a Borrowing in an Alternate Currency) in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitmentthis Section 2.01, the Borrower may borrowborrow under this Section 2.01, prepay pursuant to Section 2.09(a) 2.10 and reborrow under this Section 2.01A.2.01.

The Advances. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances to the any Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to such Lender in an aggregate amount for all Borrowers not to exceed at any time outstanding (a) the amount set forth opposite such Lender's ’s name on the signature pages hereof orSchedule I hereto or (b) if such Lender has become a Lender hereunder pursuant to an Assumption Agreement or has increased its Commitment pursuant to Section 2.05(c), or if such Lender has entered into any Assignment and AcceptanceAssumption, the amount set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c9.07(c), in each case as such amount may be reduced pursuant to Section 2.04 (such Lender's "Commitment"), provided that in no event shall (a2.05(a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date(such Lender’s “Commitment”). Each Borrowing shall be in an aggregate amount not less than of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's ’s Commitment, the any Borrower may borrowborrow under this Section 2.01, prepay pursuant to Section 2.09(a) 2.10 and reborrow under this Section 2.01A.2.01.

The Advances. Section 2.01 of the Credit Agreement shall be amended by restating such section in its entirety to read as follows: “The Advances. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's ’s name on the signature pages hereof to Amendment No. 2 under the caption “Commitment” or, if such Lender has entered into any Assignment and Acceptance, set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c8.07(d), as such amount may be reduced or increased pursuant to Section 2.04 2.05 (such Lender's "’s “Commitment"”), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount minus such Lender’s Letter of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release DateCredit Exposure. Each Borrowing shall be in an the aggregate amount not less than of $5,000,000 10,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's ’s Commitment, the Borrower may borrowborrow under this Section 2.01, prepay pursuant to Section 2.09(a) 2.10 and reborrow under this Section 2.01A.2.01. For the avoidance of doubt, all loans outstanding under the Existing Credit Agreement as of the Effective Date shall constitute Advances hereunder pursuant to Section 1.07. The aggregate amount of the Commitments on the Amendment No. 2 Effective Date is $1,000,000,000.”

The Advances. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances in U.S. dollars to the Borrower or Borrowing Subsidiary from time to time on any Business Day during the period from the date hereof until the Termination Date applicable to such Lender in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's ’s name on the signature pages hereof Schedule I hereto, if such Lender has entered into an Assumption Agreement, set forth for such Lender in such Assumption Agreement or, if such Lender has entered into any Assignment and AcceptanceAssumption, set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 (such Lender's "’s “Commitment"”), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than $5,000,000 10,000,000 or an integral multiple of $1,000,000 in excess thereof (unless the aggregate amount of the unused Commitments is less than $10,000,000, in which case such Borrowing shall be equal to the aggregate amount of the unused Commitments) and shall consist of Advances of the same Type and having the same Interest Period made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's ’s Commitment, the Borrower may from time to time borrow, prepay pursuant to Section 2.09(a) 2.09 and reborrow under this Section 2.01A.2.01.

The Advances. Each Lender severally agrees, on the terms ------------- and conditions hereinafter set forth, to make Advances to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Revolver Termination Date in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's name on the signature pages hereof or, if such Lender has become a Lender hereunder pursuant to an Assumption Agreement, the amount set forth as the Commitment of such Lender in such Assumption Agreement or, if such Lender has entered into any an Assignment and Acceptance, the amount set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 (such Lender's "CommitmentCOMMITMENT"), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower from time to time may borrowborrow under this Section 2.01, prepay pursuant to Section 2.09(a) 2.10 and reborrow under this Section 2.01A.2.01.

The Advances. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances to the any Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to such Lender in an aggregate amount for all Borrowers not to exceed at any time outstanding (a) the amount set forth opposite such Lender's Xxxxxx’s name on the signature pages hereof orSchedule I hereto or (b) if such Lender has become a Lender hereunder pursuant to an Assumption Agreement or has increased its Commitment pursuant to Section 2.05(c), or if such Lender has entered into any Assignment and AcceptanceAssumption, the amount set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c9.07(c), in each case as such amount may be reduced pursuant to Section 2.04 (such Lender's "Commitment"), provided that in no event shall (a2.05(a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date(such Lender’s “Commitment”). Each Borrowing shall be in an aggregate amount not less than of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's ’s Commitment, the any Borrower may borrowborrow under this Section 2.01, prepay pursuant to Section 2.09(a) 2.10 and reborrow under this Section 2.01A.2.01.

The Advances. Each Lender severally agrees, on the terms ------------- and conditions hereinafter set forth, to make Advances to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender's name on the signature pages hereof or, if such Lender has become a Lender hereunder pursuant to an Assumption Agreement, the amount set forth as the Commitment of such Lender in such Assumption Agreement or, if such Lender has entered into any an Assignment and Acceptance, the amount set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.07(c), as such amount may be reduced pursuant to Section 2.04 or increased pursuant to Section 2.19 (such Lender's "CommitmentCOMMITMENT"), provided that in no event shall (a) the Aggregate Financing Amount exceed the aggregate amount of the Commitments as in effect from time to time or (b) the Aggregate Financing Amount exceed the aggregate amount of the Borrowing Base as in effect from time to time prior to the Borrowing Base Release Date. Each Borrowing shall be in an aggregate amount not less than of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower from time to time may borrowborrow under this Section 2.01, prepay pursuant to Section 2.09(a) 2.10 and reborrow under this Section 2.01A.2.01.