Common use of The Commitments Clause in Contracts

The Commitments. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances (other than Swingline Advances, which shall be made by the Swingline Bank in accordance with Section 2.03) to the Borrowers and to participate in Swingline Advances and 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 of Outstanding Credits for all Borrowers not to exceed at any time such Lender’s Commitment Percentage of the Available Commitment at such time and, as to any Borrower, in an aggregate amount of Outstanding Credits not to exceed at any time such Borrower’s Borrower Sublimit at such time. Within the limits of each Lender’s Commitment and each Borrower’s Borrower Sublimit and as hereinabove and hereinafter provided, each Borrower may request Extensions of Credit hereunder, and repay or prepay Advances pursuant to Section 2.12 and utilize the resulting increase in the Available Commitments for further Extensions of Credit in accordance with the terms hereof. In no event shall any Borrower be entitled to request or receive any Borrowing that would cause the aggregate Outstanding Credits (x) of all Borrowers to exceed the Commitments or (y) of such Borrower to exceed the Borrower Sublimit of such Borrower.

The Commitments. Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances (other than Swingline Advances, which shall be made by the Swingline Bank in accordance with Section 2.03) to the Borrowers and to participate in Swingline Advances and Letters of Credit from time to time on any Business Day during the period from the date hereof until the Revolving Termination Date in an aggregate amount of Outstanding Credits for all Borrowers not to exceed at any time such Lender’s Commitment Percentage of the Available Commitment at such time and, as to any Borrower, in an aggregate amount of Outstanding Credits not to exceed at any time such Borrower’s Borrower Sublimit at such time. Within the limits of each Lender’s Commitment and each Borrower’s Borrower Sublimit and as hereinabove and hereinafter provided, each Borrower may request Extensions of Credit hereunder, and repay or prepay Advances pursuant to Section 2.12 and utilize the resulting increase in the Available Commitments for further Extensions of Credit in accordance with the terms hereof. In no event shall any Borrower be entitled to request or receive any Borrowing that would cause the aggregate Outstanding Credits (x) of all Borrowers to exceed the Commitments or (y) of such Borrower to exceed the Borrower Sublimit of such Borrower.

The Commitments. (a) Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances (other than Swingline Advances, which shall be made by the Swingline Bank in accordance with Section 2.03) to the Borrowers and to participate in Swingline Advances and Letters of Credit from time to time on any Business Day during the period from the date hereof Closing Date until the Termination Date in an aggregate amount of Outstanding Credits for all Borrowers not to exceed at any time such Lender’s Commitment Percentage of the Available Commitment at such time and, as to any BorrowerDate, in an aggregate amount of Outstanding Credits not to exceed at on any time day such Borrower’s Borrower Sublimit at such timeLender's Available Commitment. Within the limits of each such Lender’s 's Available Commitment and each such Borrower’s 's Borrower Sublimit and as hereinabove and hereinafter providedSublimit, each Borrower may request Extensions of Credit Advances hereunder, and repay or prepay Advances pursuant to Section 2.12 and utilize the resulting increase in the Available Commitments for further Extensions of Credit Advances in accordance with the terms hereof. (b) In no event shall any Borrower be entitled to request or receive any Advance under subsection (a) that would cause the aggregate principal amount advanced pursuant thereto to exceed the Available Commitments. In no event shall any Borrower be entitled to request or receive any Borrowing Advance that would cause the total principal amount of all Advances outstanding hereunder to exceed the Total Commitment, or that would cause the aggregate Outstanding Credits (x) principal amount of all Borrowers Advances outstanding to exceed the Commitments or (y) of requested by such Borrower to exceed the such Borrower's Borrower Sublimit Sublimit. In no event shall any Borrower be entitled to request or receive any Advance that, when aggregated with all other Advances outstanding to or requested by such Borrower and all other short-term debt of such Borrower, would exceed such Borrower's SEC Borrowing Limit as then in effect.

The Commitments. Each Lender severally agrees, on Subject to the terms and conditions hereinafter and relying upon the representations and warranties herein set forth, each Lender agrees, severally and not jointly, to make Advances (other than Swingline Advances, which shall be made by the Swingline Bank in accordance with Section 2.03) Revolving Loans to the Borrowers Borrowers, at any time and to participate in Swingline Advances and Letters of Credit from time to time on any and after the Closing Date until the earlier of one Business Day during prior to the period from Maturity Date and the date hereof until the Termination Date in an aggregate amount of Outstanding Credits for all Borrowers not to exceed at any time such Lender’s Commitment Percentage termination of the Available Commitment at of such time and, as to any Borrower, in an aggregate amount of Outstanding Credits not to exceed at any time such Borrower’s Borrower Sublimit at such time. Within the limits of each Lender’s Commitment and each Borrower’s Borrower Sublimit and as hereinabove and hereinafter provided, each Borrower may request Extensions of Credit hereunder, and repay or prepay Advances pursuant to Section 2.12 and utilize the resulting increase in the Available Commitments for further Extensions of Credit Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Lender’s Revolving Exposure exceeding the lesser of (i) such Lender’s Revolving Commitment, and (ii) such Lender’s Pro Rata Percentage multiplied by the Borrowing Base then in effect. In no event Within the limits set forth above and subject to the terms, conditions and limitations set forth herein, the Borrowers may borrow, pay or prepay and reborrow Revolving Loans. All Borrowers shall be jointly and severally liable as Borrowers for all Loans regardless of which Borrower receives the proceeds thereof. Each Lender may, at its option, make any Borrower be entitled Loan by causing any domestic or foreign branch or Affiliate of such Lender to request make such Loan; provided that any exercise of such option shall not (A) affect in any manner the obligation of the Borrowers to repay such Loan in accordance with the terms of this Agreement, (B) excuse or receive relieve any Borrowing that would Lender of its Commitment to make any such Loan to the extent not so made by such branch or Affiliate or (C) cause the aggregate Outstanding Credits (x) of all Borrowers to exceed the Commitments or (y) of such Borrower pay additional amounts pursuant to exceed the Borrower Sublimit of such BorrowerSection 3.01.

The Commitments. (a) Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances (other than Swingline Advances, which shall be made by the Swingline Bank in accordance with Section 2.03) Loans to the Borrowers each Borrower and to participate in Swingline Advances and the issuance of Letters of Credit from time to time on any Business Day (and the LC Outstandings thereunder) during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate amount of Outstanding Credits for all Borrowers not to exceed at any time such Lender’s Commitment Percentage of the Available Commitment at such time and, as to any BorrowerDate, in an aggregate outstanding amount of Outstanding Credits not to exceed at on any time day such BorrowerLender’s Borrower Sublimit at Available Commitment (after giving effect to all Extensions of Credit to be made on such timeday and the application of the proceeds thereof). Within the limits of each Lender’s Commitment and each Borrower’s Borrower Sublimit and as hereinabove and hereinafter providedset forth, each Borrower may may, from the Closing Date until the Revolving Credit Termination Date, request Extensions of Credit hereunder, prepay Loans, or reduce or cancel Letters of Credit, and repay or prepay Advances pursuant to Section 2.12 and utilize use the resulting increase in the Available Commitments for further Extensions of Credit in accordance with the terms hereof. . (b) In no event shall any Borrower be entitled to request or receive any Borrowing Extensions of Credit that would cause (i) the aggregate Outstanding Credits (x) of all Borrowers principal amount outstanding hereunder to exceed the Commitments Commitments, (ii) until the conditions set forth in Section 6.02(b) have been satisfied, the principal amount outstanding hereunder to exceed $40,000,000, or (yiii) the sum of (A) the aggregate outstanding principal amount of Loans made to such Borrower and (B) the aggregate LC Outstandings of all Letters of Credit issued at the request of such Borrower and then outstanding, in each case after giving effect to such Extensions of Credit and the application of the proceeds thereof, to exceed the Borrower Sublimit of such Borrower’s Availability Sublimit.

The Commitments. (a) Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances (other than Swingline Advances, which shall be made by the Swingline Bank in accordance with Section 2.03) Loans to the Borrowers each Borrower and to participate in Swingline Advances and the issuance of Letters of Credit from time to time on any Business Day (and the LC Outstandings thereunder) during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate amount of Outstanding Credits for all Borrowers not to exceed at any time such Lender’s Commitment Percentage of the Available Commitment at such time and, as to any BorrowerDate, in an aggregate outstanding amount of Outstanding Credits not to exceed at on any time day such BorrowerLender’s Borrower Sublimit at Available Commitment (after giving effect to all Extensions of Credit to be made on such timeday and the application of the proceeds thereof). Within the limits of each Lender’s Commitment and each Borrower’s Borrower Sublimit and as hereinabove and hereinafter providedset forth, each Borrower may may, from the Closing Date until the Revolving Credit Termination Date, request Extensions of Credit hereunder, prepay Loans, or reduce or cancel Letters of Credit, and repay or prepay Advances pursuant to Section 2.12 and utilize use the resulting increase in the Available Commitments for further Extensions of Credit in accordance with the terms hereof. . (b) In no event shall any Borrower be entitled to request or receive any Borrowing Extensions of Credit that would cause (i) the aggregate Outstanding Credits (x) of all Borrowers principal amount outstanding hereunder to exceed the Commitments or (yii) the sum of (A) the aggregate outstanding principal amount of Loans made to such Borrower and (B) the aggregate LC Outstandings of all Letters of Credit issued at the request of such Borrower and then outstanding, in each case after giving effect to such Extensions of Credit and the application of the proceeds thereof, to exceed the Borrower Sublimit of such Borrower’s Availability Sublimit.

The Commitments. (a) Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make Advances (other than Swingline Advances, which shall be made by the Swingline Bank in accordance with Section 2.03) Loans to the Borrowers each Borrower and to participate in Swingline Advances and the issuance of Letters of Credit from time to time on any Business Day (and the LC Outstandings thereunder) during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate amount of Outstanding Credits for all Borrowers not to exceed at any time such Lender’s Commitment Percentage of the Available Commitment at such time and, as to any BorrowerDate, in an aggregate outstanding amount of Outstanding Credits not to exceed at on any time day such Borrower’s Borrower Sublimit at Lender's Available Commitment (after giving effect to all Extensions of Credit to be made on such timeday and the application of the proceeds thereof). Within the limits of each Lender’s Commitment and each Borrower’s Borrower Sublimit and as hereinabove and hereinafter providedset forth, each Borrower may may, from the Closing Date until the Revolving Credit Termination Date, request Extensions of Credit hereunder, prepay Loans, or reduce or cancel Letters of Credit, and repay or prepay Advances pursuant to Section 2.12 and utilize use the resulting increase in the Available Commitments for further Extensions of Credit in accordance with the terms hereof. . (b) In no event shall any Borrower be entitled to request or receive any Borrowing Extensions of Credit that would cause (i) the aggregate Outstanding Credits (x) of all Borrowers principal amount outstanding hereunder to exceed the Commitments or (yii) the sum of (A) the aggregate outstanding principal amount of Loans made to such Borrower and (B) the aggregate LC Outstandings of all Letters of Credit issued at the request of such Borrower and then outstanding, in each case after giving effect to such Extensions of Credit and the application of the proceeds thereof, to exceed the Borrower Sublimit of such Borrower's Availability Sublimit.