Common use of The Credit Facility Clause in Contracts

The Credit Facility. a. Subject to the conditions and upon the terms hereinafter set forth and in accordance with the terms and provisions of the Note, Lenders severally agree in the proportions set forth on the Schedule of Lenders' Proportions in Credit Facility to lend and advance Borrowings to Borrowers, up to the Maximum Permitted Balance in the initial amount of Two Hundred Fifty Million Dollars ($250,000,000.00), subject to increase as provided in Section 2.01(d), such amounts as Borrowers may request by Notice of Borrowing duly executed by an Authorized Officer and delivered to Agent Bank from time to time as provided in Section 2.03. b. Borrowers may borrow, repay and reborrow the Available Borrowings up to the Maximum Permitted Balance from time to time, provided that at all times the Maximum Availability shall be no less than zero (0). Provided further, however, amounts of Funded Outstandings bearing interest with reference to a LIBO Rate shall be subject to Breakage Charges incident to prepayment as provided and defined in the Note and such prepayment may only be made upon three (3) days prior written notice to Agent Bank with sufficient copies for distribution to each of the Lenders. The Credit Facility shall be for a term commencing on the Closing Date and terminating on the Maturity Date. In no event shall any Lender be liable to fund any amounts under the Credit Facility in excess of its respective Syndication Interest in any Borrowing. c. Borrowers may voluntarily reduce the Maximum Permitted Balance from time to time (a "Voluntary Reduction") on the following conditions: (i) that each such Voluntary Reduction be in the minimum amount of Five Million Dollars ($5,000,000.00) and in increments of One Million Dollars ($1,000,000.00) and made in writing by an Authorized Officer, effective on the fifth (5th) Banking Business Day following receipt by Agent Bank; (ii) that each such Voluntary Reduction shall be irrevocable and a permanent reduction to the Maximum Permitted Balance; and (iii) in the event any Voluntary Reduction reduces the Maximum Permitted Balance to less than the sum of the Aggregate Outstandings, the Borrowers shall immediately cause the Aggregate Outstandings to be reduced by such amount as may be necessary to cause the Aggregate Outstandings to be equal to or less than the Maximum Permitted Balance.

The Credit Facility. a. Subject to the conditions and upon the terms hereinafter set forth and conditions hereof, and in accordance with reliance upon the terms representations and provisions warranties of the NoteBorrower herein, Lenders severally agree in the proportions set forth on Lender will make Loans to the Schedule of Lenders' Proportions in Borrower under the Credit Facility to lend and advance Borrowings to Borrowers, up to the Maximum Permitted Balance in the initial amount of Two Hundred Fifty Million Dollars ($250,000,000.00), subject to increase as provided in Section 2.01(d), such amounts as Borrowers may request by Notice of Borrowing duly executed by an Authorized Officer and delivered to Agent Bank from time to time from the date hereof until November 1, 2003, at such time and in such amount as provided in Section 2.03. b. Borrowers to each Loan as the Borrower may request up to but not exceeding an aggregate principal amount of $3,000,000 for the purpose of funding Contracts to certain casino operators, and to pay all related transaction costs. The Credit Facility will be advanced based on multiple Advance Requests (as hereafter defined) but will not be a revolving credit facility and the Borrower may not borrow, repay and reborrow amounts advanced. The Advance amount of any Loan shall not exceed ninety percent (90%) of the Available Borrowings up Equipment Value of any Contract(s) being financed therewith and no more than $1,750,000 will be advanced on an individual Contract, and in no event shall the aggregate principal amount of Loans, the proceeds of which are used to finance Contracts where the Equipment subject to such Contracts is located on ships or is subject to maritime laws, exceed twenty-five percent (25%) of the aggregate principal amount of all Loans. The Loans under the Credit Facility shall be evidenced by a single Note which will be made payable to the Maximum Permitted Balance from time to time, provided that at all times the Maximum Availability shall be no less than zero (0). Provided further, however, amounts of Funded Outstandings bearing interest with reference to a LIBO Rate shall be subject to Breakage Charges incident to prepayment as provided and defined in the Note and such prepayment may only be made upon three (3) days prior written notice to Agent Bank with sufficient copies for distribution to each order of the LendersLender. The Credit Facility shall bear interest at the rate of nine and three quarters percent (9-3/4%) per annum. The Credit Facility shall be for payable over a term commencing forty-eight (48)-month term. Commencing December 1, 1999 and continuing on each Installment Payment Date (as defined in the Note) thereafter, the Borrower shall pay installments of principal and interest equal to the Required Payment Amount; provided that the unpaid principal balance of the Note, interest accrued thereon and all charges payable pursuant to the terms of the Note shall become due and payable in full on the Closing earlier to occur of the following: (i) the Maturity Date, (ii) the occurrence of an Event of Default and (iii) the Installment Payment Date (as defined in the Note) next following the Installment Payment Date on which the unpaid principal balance of the Note declines below $100,000. Any prepayments made on any Contract shall be used to prepay the Credit Facility to the extent required by Section 3(t) of the Security Agreement. The Note may be prepaid in whole or in part at any time, provided that any prepayment shall be made on fifteen (15) days' advance written notice to the Lender and shall be made only on a regularly scheduled Installment Payment Date and terminating on shall be made in denominations of no less than $100,000 or provide for payment in full of the outstanding balance of the Note. After a prepayment, the then outstanding principal balance and accrued interest will be reamortized over the period remaining between the date of prepayment and the Maturity Date. In no event All amounts paid in respect of the Note shall any Lender be liable to fund any amounts under applied in accordance with Section 5(b) of the Credit Facility in excess Security Agreement. All payments and prepayments of its respective Syndication Interest in any Borrowing. c. Borrowers may voluntarily reduce the Maximum Permitted Balance from time to time (a "Voluntary Reduction") principal of and interest on the following conditions: (i) that each such Voluntary Reduction be in the minimum amount of Five Million Dollars ($5,000,000.00) and in increments of One Million Dollars ($1,000,000.00) and made in writing by an Authorized Officer, effective on the fifth (5th) Banking Business Day following receipt by Agent Bank; (ii) that each such Voluntary Reduction Loan shall be irrevocable and a permanent reduction made by the Borrower to the Maximum Permitted Balance; and (iii) in Lender pursuant to the event any Voluntary Reduction reduces the Maximum Permitted Balance to less than the sum terms of the Aggregate OutstandingsNote and other Loan Documents, the Borrowers and shall immediately cause the Aggregate Outstandings to be reduced made by such amount as may be necessary to cause the Aggregate Outstandings to be equal to or less than the Maximum Permitted Balancewire transfer in accordance with Lender's instructions.

The Credit Facility. a. Subject to the conditions and upon the terms hereinafter set forth and in accordance with the terms and provisions of the Revolving Credit Note, Lenders severally agree in the proportions set forth on the Schedule of Lenders' Proportions in Credit Facility Lender agrees to lend and advance Borrowings to BorrowersBorrower, up to the Maximum Permitted Balance Balance, in the initial amount of Two Hundred Fifty Million Dollars ($250,000,000.00), subject to increase as provided in Section 2.01(d), such amounts as Borrowers Borrower may request by by: (i) Notice of Borrowing duly executed by an Authorized Officer and delivered to Agent Bank Lender on or before three (3) Banking Business Days prior to the Closing Date for the purpose of requesting funding of the Closing Disbursements, (ii) Notice of Borrowing duly executed by an Authorized Officer and delivered to Lender from time to time during the Revolving Credit Period as provided in Section 2.03. b. Borrowers During the Revolving Credit Period, so long as no default or Event of Default has occurred and remains continuing, Borrower may borrow, repay and reborrow the Available Borrowings up to the Maximum Permitted Balance from time to time, provided that at all times the Maximum Availability shall be no less than zero (0). Provided further, however, amounts of Funded Outstandings bearing interest with reference to a LIBO Rate shall be subject to Breakage Charges incident to prepayment as provided and defined in the Note and such prepayment may only be made upon three (3) days prior written notice to Agent Bank with sufficient copies for distribution to each of the Lenders. The Credit Facility shall be for a term commencing on the Closing Date and terminating on the Maturity Date. In no event shall any Lender be liable to fund any amounts under , on which date the entire outstanding balance of the Credit Facility in excess of its respective Syndication Interest in any Borrowingshall be fully paid and Credit Facility Termination shall occur. c. Borrowers Borrower may voluntarily permanently reduce the Maximum Permitted Balance from time to time (a "Voluntary Permanent Reduction") on the following conditions: (i) that each such Voluntary Permanent Reduction be in the minimum amount of Five One Million Dollars ($5,000,000.001,000,000.00) and in increments of One Million Dollars ($1,000,000.00) and is made in writing by an Authorized Officer, effective on the fifth (5th) Banking Business Day following receipt by Agent BankLender; (ii) that each such Voluntary Permanent Reduction shall be irrevocable and a permanent reduction to the Maximum Permitted Balance; and (iii) in the event any Voluntary Permanent Reduction reduces the Maximum Permitted Balance to less than the sum of the Aggregate Funded Outstandings, the Borrowers Borrower shall immediately cause the Aggregate Funded Outstandings to be reduced by such amount as may be necessary to cause the Aggregate Funded Outstandings to be equal to or less than the Maximum Permitted Balance.

The Credit Facility. a. Subject to the conditions and upon the terms hereinafter set forth and in accordance with the terms and provisions of the Revolving Credit Note, Lenders severally agree in the proportions set forth on the Schedule of Lenders' Proportions in Credit Facility Lender agrees to lend and advance Borrowings to Borrowers, up to the Maximum Permitted Balance Balance, in the initial amount of Two Hundred Fifty Million Dollars ($250,000,000.00), subject to increase as provided in Section 2.01(d), such amounts as Borrowers may request by Notice of Borrowing duly executed by an Authorized Officer and delivered to Agent Bank Lender from time to time during the Revolving Credit Period as provided in Section 2.03. b. Borrowers may borrow, repay and reborrow the Available Borrowings up to the Maximum Permitted Balance from time to time, provided that at all times the Maximum Availability shall be no less than zero (0). Provided further, however, amounts of Funded Outstandings bearing interest with reference to a LIBO IBO Rate shall be subject to Breakage Charges incident to prepayment as provided and defined in the Note Section 2.07(c) hereinbelow and such prepayment may only be made upon three two (32) days Banking Business Days prior written notice to Agent Bank with sufficient copies for distribution to each of the LendersLender. The Credit Facility shall be for a term commencing on the Closing Date and terminating on the Maturity Date. In no event shall any Lender be liable to fund any amounts under , on which date the entire outstanding balance of the Credit Facility in excess of its respective Syndication Interest in any Borrowingshall be fully paid and Bank Facility Termination shall occur. c. Borrowers may voluntarily reduce the Maximum Permitted Balance from time to time (a "Voluntary Permanent Reduction") on the following conditions: (i) that each such Voluntary Permanent Reduction be in the minimum amount of Five Million Dollars ($5,000,000.00) and in increments of One Million Dollars ($1,000,000.00) and in increments of Five Hundred Thousand Dollars ($500,000.00) and made in writing by an Authorized Officer, effective on the fifth (5th) Banking Business Day following receipt by Agent Bank;Lender; and (ii) that each such Voluntary Permanent Reduction shall be irrevocable and a permanent reduction to the Maximum Permitted Balance; and. (iii) in d. In the event any Voluntary Permanent Reduction reduces the Maximum Permitted Balance to less than the sum of the Aggregate Funded Outstandings, the Borrowers shall immediately immediately, cause the Aggregate Funded Outstandings to be reduced by such amount as may be necessary to cause the Aggregate Funded Outstandings to be equal to or less than the Maximum Permitted Balance.

The Credit Facility. a. Subject to the conditions and upon the terms hereinafter set forth and in accordance with the terms and provisions of the Revolving Credit Note, Lenders severally agree in the proportions set forth on the Schedule of Lenders' Proportions in Credit Facility to lend advance the Closing Disbursement on the Closing Date and thereafter to advance Borrowings to Borrowers, in the aggregate up to the Maximum Permitted Balance in the initial amount of Two Hundred Fifty Million Dollars ($250,000,000.00200,000,000.00), subject to increase as provided in Section 2.01(d2.15(a) and 2.15(b), in such amounts as Borrowers may request by Notice of Borrowing duly executed by an Authorized Officer and delivered to Agent Bank from time to time as provided in Section 2.03. b. Subject to the uses and purposes set forth in Section 2.02, on and after the Closing Date, Borrowers may borrow, repay and reborrow the Available Borrowings up to the Maximum Permitted Balance from time to time, ; provided that at all times the Maximum Availability shall be no less than zero (0). Provided further, however, amounts of Funded Outstandings bearing interest with reference to a LIBO Rate shall be subject to Breakage Charges incident to prepayment as provided and defined in the Note and such prepayment may only be made upon three (3) days prior written notice to Agent Bank with sufficient copies for distribution to each of the LendersSection 2.07(c). The Credit Facility shall be for a term commencing on the Closing Date and terminating on the Maturity Date, on which date the entire outstanding balance of the Credit Facility shall be fully paid and Bank Facility Termination shall occur. In no event shall any Lender be liable to fund any amounts under the Credit Facility in excess of its respective Syndication Interest in any Borrowing. In the event the Aggregate Outstandings exceed the Maximum Permitted Balance at any time, Borrowers shall immediately cause the Aggregate Outstandings to be reduced by such amount as may be necessary to cause the Aggregate Outstandings to be equal to or less than the Maximum Permitted Balance. c. Borrowers may voluntarily reduce the Maximum Permitted Balance from time to time (a "Voluntary Permanent Reduction") on the following conditions: (i) that each such Voluntary Permanent Reduction be in the minimum amount of Five Million Dollars ($5,000,000.00) (or, if less the remaining Maximum Permitted Balance) and in increments of One Million Dollars ($1,000,000.00) and made in writing by an Authorized OfficerRepresentative, effective on the fifth (5th) Banking Business Day following receipt by Agent Bank; (ii) that each such Voluntary Permanent Reduction shall be irrevocable and a permanent reduction to the Maximum Permitted Balance; and (iii) in the event any Voluntary Permanent Reduction reduces the Maximum Permitted Balance to less than the sum of the Aggregate Outstandings, the Borrowers shall immediately cause the Aggregate Outstandings to be reduced by such amount as may be necessary to cause the Aggregate Outstandings to be equal to or less than the Maximum Permitted Balance.

The Credit Facility. a. Subject to the conditions and upon the terms hereinafter set forth and in accordance with the terms and provisions of the Note, Revolving Credit Note on and after the Closing Date Lenders severally agree in the proportions set forth on the Schedule of Lenders' Proportions in Credit Facility to lend and advance Borrowings to Borrowers, up to the Maximum Permitted Balance in the initial amount of Two Hundred Fifty Sixty- Five Million Dollars ($250,000,000.0065,000,000.00), subject to increase as provided in Section 2.01(d), the Closing Disbursement on the Closing Date and such amounts as Borrowers may request by Notice of Borrowing duly executed by an Authorized Officer Representative and delivered to Agent Bank from time to time as provided in Section 2.03; provided, however, notwithstanding anything herein contained to the contrary, the Deferred Funding Amount shall not be available for advance to Borrowers until the occurrence of the Prime Termination Date. b. Subject to the uses and purposes set forth in Section 2.02, on and after the Closing Date Borrowers may borrow, repay and reborrow the Available Borrowings up to the Maximum Permitted Balance Available Borrowings from time to time, provided that at all times the Maximum Availability shall be no less than zero (0). Provided furtherProvided, however, amounts of Funded Outstandings bearing interest with reference to a LIBO Rate shall be subject to Breakage Charges incident to prepayment as provided and defined in the Note Section 2.07(c) hereinbelow and such prepayment may only be made upon three (3) days Banking Business Days prior written notice to Agent Bank with sufficient copies for distribution to each of the Lenders. The Credit Facility shall be for a term commencing on the Closing Date and terminating on the Maturity Date, on which date the entire outstanding balance of the Credit Facility shall be fully paid and Bank Facility Termination shall occur. In no event shall any Lender be liable to fund any amounts under the Credit Facility in excess of its respective Syndication Interest in any Borrowing. c. Borrowers may voluntarily reduce the Maximum Permitted Balance from time to time (a "Voluntary Permanent Reduction") on the following conditions: (i) that each such Voluntary Permanent Reduction be in the minimum amount of Five Three Million Dollars ($5,000,000.003,000,000.00) and in increments of One Million Dollars ($1,000,000.00) and made in writing by an Authorized OfficerRepresentative, effective on the fifth (5th) Banking Business Day following receipt by Agent Bank; (ii) that each such Voluntary Permanent Reduction shall be irrevocable and a permanent reduction to the Maximum Permitted Balance; and (iii) in the event any Voluntary Permanent Reduction reduces the Maximum Permitted Balance to less than the sum of the Aggregate Outstandings, the Borrowers shall immediately cause the Aggregate Outstandings to be reduced by such amount as may be necessary to cause the Aggregate Outstandings to be equal to or less than the Maximum Permitted Balance.