Common use of The Revolving Credit Loans Clause in Contracts

The Revolving Credit Loans. The Bank agrees, on the date of this Agreement, on the terms and conditions of this Agreement and in reliance upon the representations and warranties set forth in this Agreement, to lend to the Borrower prior to the Revolving Credit Maturity Date such amounts as the Borrower may request from time to time (individually, a "Revolving Credit Loan" or collectively, the "Revolving Credit Loans"), which amounts may be borrowed, repaid and reborrowed; provided, however, that the aggregate amount of such Revolving Credit Loans plus L/C Exposure plus B/A Exposure outstanding at any one time shall not exceed the lesser of (i) Thirteen Million ($13,000,000.00) Dollars (the "Commitment"), or (ii) the Adjusted Borrowing Base, or such lesser amount of the Commitment as may be reduced pursuant to Section 2.14 hereof. Each Revolving Credit Loan shall be a Prime Rate Loan or a Eurodollar Loan (or a combination thereof) as the Borrower may request subject to and in accordance with Section 2.09. The Bank may at its option make any Eurodollar Loan by causing a foreign branch or affiliate to make such Loan, provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of the Revolving Credit Note. Subject to the other provisions of this Agreement, Revolving Credit Loans of more than one type may be outstanding at the same time." (b) Section 2.10 of the Agreement is hereby amended to read as follows:

The Revolving Credit Loans. (HAPL). The Bank agreesBanks hereby agree, severally but not jointly, on the date of this Agreement, and on the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Borrowers and the Guarantors set forth in this Agreement, to lend to the Borrower HAPL prior to the Revolving Credit Maturity Date Date, such amounts as the Borrower HAPL may request from time to time (individually, a "Revolving Credit LoanLoan (HAPL)" or collectively, the "Revolving Credit LoansLoans (HAPL)"), which amounts may be borrowed, repaid and reborrowed; , provided, however, that the aggregate amount of such Revolving Credit Loans plus L/C Exposure plus B/A Exposure (HAPL) outstanding at any one time shall not exceed the lesser of (i) Thirteen Ten Million ($13,000,000.0010,000,000.00) Dollars (the "Commitment"), or (ii) the Adjusted Borrowing BaseDollars, or such lesser amount of the Total Commitment (HAPL) as may be reduced pursuant to Section 2.14 hereof2.24 hereof or (ii) the Borrowing Base. Each HAPL agrees to borrow such amounts from the Banks by executing and delivering to the Agent, for delivery to the Banks, the BNY Revolving Credit Loan Note (HAPL), the Fleet Revolving Credit Note (HAPL) and the Mellon Revolving Credit Note (HAPL). The Loans, or portions thereof, shall be a Prime Alternate Base Rate Loan Loans or a Eurodollar Loan Loans (or a combination thereof) as the Borrower HAPL may request subject to and in accordance with Section 2.092.18 hereof. The Each Bank may at its option make any Eurodollar Loan by causing a foreign branch or affiliate to make such Loan, provided that any exercise of such option shall not affect the obligation of the Borrower HAPL to repay such Loan in accordance with the terms of the Revolving Credit NoteNotes. Subject to the other provisions of this Agreement, Revolving Credit Loans (HAPL) of more than one type may be outstanding at the same time provided, however, that not more than six (6) Eurodollar Loans may be outstanding at the same time." (b) Section 2.10 of the Agreement is hereby amended to read as follows:

The Revolving Credit Loans. (a) The Bank agreesBanks agree, on the date of this Agreementseverally but not jointly, on the terms and subject to the conditions of this Agreement Agreement, and in reliance upon the representations and warranties of the Credit Parties set forth in this AgreementAgreement that the Banks will, to until the Revolving Credit Maturity Date, lend to the Borrower prior to the such Revolving Credit Maturity Date such amounts Loans as the Borrower may request from time to time (individually, a "Revolving Credit Loan" or collectively, the "Revolving Credit Loans")time, which amounts Loans may be borrowed, repaid and reborrowed; , provided, however, that (y) the aggregate amount of such outstanding Revolving Credit Loans plus L/C Exposure plus B/A Exposure outstanding at any one time shall not exceed the lesser of (i) Thirteen Nineteen Million Five Hundred Thousand ($13,000,000.0019,500,000.00) Dollars (the "Revolving Credit Commitment"), or (ii) as the Adjusted Borrowing Base, or such lesser amount of the Revolving Credit Commitment as may be reduced pursuant to Section 2.14 2.16 hereof. , and (z) each Bank's pro rata share of Revolving Credit Loans shall not exceed its Pro Rata Share of the Revolving Credit Commitment. (b) Each Revolving Credit Loan shall be a Prime Rate Loan or a Eurodollar Loan (or a combination thereof) as the Borrower may request subject to and in accordance with Section 2.092.02. The Any Bank may at its option make any Eurodollar Loan by causing a foreign branch or affiliate to make such Loan, provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of the such Bank's Revolving Credit Note. Subject to the other provisions of this Agreement, Revolving Credit Loans of more than one type may be outstanding at the same time provided, however, that not more than nine (9) Eurodollar Loans may be outstanding at any time." (b) Section 2.10 of the Agreement is hereby amended to read as follows:

The Revolving Credit Loans. (a) The Bank agreesBanks agree, on the date of this Agreementseverally but not jointly, on the terms and subject to the conditions of this Agreement Agreement, and in reliance upon the representations and warranties of the Borrower and the Guarantors set forth in this Agreement, to that the Banks will, until the Maturity Date, lend to the Borrower prior to the such Revolving Credit Maturity Date such amounts Loans as the Borrower may request from time to time (individually, a "Revolving Credit Loan" or collectively, the "Revolving Credit Loans")time, which amounts Loans may be borrowed, repaid and reborrowed; , provided, however, that (x) the aggregate amount of such Revolving Credit Loans plus L/C Exposure plus B/A Exposure outstanding Aggregate Outstandings at any one time shall not exceed the lesser of (i) Thirteen Million ($13,000,000.00) Dollars (the "Commitment"), or (ii) the Adjusted Borrowing Base, or such lesser amount of the Total Commitment as it reduces from time to time in accordance with the definition of "Total Commitment" and as it may be further reduced pursuant to Section 2.14 hereof. 2.07 hereof and (y) each Bank's Pro Rata Share of Revolving Credit Loans and L/C Exposure shall not exceed its Pro Rata Share of the Total Commitment. (b) Each Revolving Credit Loan shall be a Prime an Alternate Base Rate Loan or a Eurodollar Loan (or a combination thereof) as the Borrower may request subject to and in accordance with Section 2.092.02 hereof. The Any Bank may at its option make any Eurodollar Loan by causing a foreign branch or affiliate to make such Loan, provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of the such Bank's Revolving Credit Note. Subject to the other provisions of this Agreement, Revolving Credit Loans of more than one type may be outstanding at the same time provided, however, that not more than five (5) Eurodollar Loans may be outstanding at the same time." (b) Section 2.10 of the Agreement is hereby amended to read as follows:

The Revolving Credit Loans. (a) The Bank agreesBanks agree, on the date of this Agreementseverally but not jointly, on the terms and subject to the conditions of this Agreement Agreement, and in reliance upon the representations and warranties of the Borrower and the Guarantors set forth in this Agreement, to that the Banks will, until the Maturity Date, lend to the Borrower prior to the such Revolving Credit Maturity Date such amounts Loans as the Borrower may request from time to time (individually, a "Revolving Credit Loan" or collectively, the "Revolving Credit Loans")time, which amounts Loans may be borrowed, repaid and reborrowed; , provided, however, that (x) the aggregate amount of such Revolving Credit Loans plus L/C Exposure plus B/A Exposure outstanding Aggregate Outstandings at any one time shall not exceed the lesser of (i) Thirteen Million ($13,000,000.00) Dollars (the "Commitment"), or (ii) the Adjusted Borrowing Base, or such lesser amount of the Total Commitment as it may be reduced pursuant to Section 2.14 hereof. 2.07 hereof and (y) each Bank's Pro Rata Share of Revolving Credit Loans and L/C Exposure shall not exceed its Pro Rata Share of the Total Commitment. (b) Each Revolving Credit Loan shall be a Prime Rate Loan or a Eurodollar Loan (or a combination thereof) as the Borrower may request subject to and in accordance with Section 2.092.02 hereof. The Any Bank may at its option make any Eurodollar Loan by causing a foreign branch or affiliate to make such Loan, provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of the such Bank's Revolving Credit Note. Subject to the other provisions of this Agreement, Revolving Credit Loans of more than one type may be outstanding at the same time provided, however, that not more than five (5) Eurodollar Loans may be outstanding at the same time." (b) Section 2.10 of the Agreement is hereby amended to read as follows:

The Revolving Credit Loans. The Subject to the terms and conditions set forth herein, the Bank agreesagrees to make Revolving Credit Loans to the Borrower from time to time during the Revolving Commitment Period; provided that: (a) the Bank shall not be obligated to make more than one (1) Revolving Credit Loan to the Borrower during any calendar month; (b) the Bank shall not be obligated to make any Revolving Credit Loan to the Borrower at any time if the aggregate outstanding principal balance of all Revolving Credit Loans, on after giving effect to the date making of any such Revolving Credit Loan, at such time would exceed the Revolving Credit Commitment then in effect; (c) each borrowing of Eurodollar Loans hereunder and all selections of Eurodollar Interest Periods hereunder shall be in such amounts and be made pursuant to such elections so that, (i) after giving effect thereto, the principal amount of each Revolving Credit Loan made pursuant to this Section 2.1 shall be equal to $200,000 or in increments of $100,000 in excess thereof (or, if the Availability is less than $200,000, such lesser amount) and (ii) no more than twelve (12) borrowings of Eurodollar Loans shall be made during any calendar year; (d) each Revolving Credit Loan shall be a Eurodollar Loan except to the extent expressly provided herein; and (e) except as provided in this Agreement, any principal amount of Revolving Credit Loans repaid hereunder may be reborrowed pursuant to the terms and conditions hereof. Each of the Borrower and the Bank hereby acknowledges the making of Revolving Credit Loans prior to the Restatement Effective Date under the Original Loan Agreement and agrees that, to the extent outstanding on the Restatement Effective Date, such Revolving Credit Loans shall continue to be outstanding pursuant to the terms and conditions of this Agreement and in reliance upon the representations and warranties set forth in this Agreement, to lend to the Borrower prior to the Revolving Credit Maturity Date such amounts as the Borrower may request from time to time (individually, a "Revolving Credit Loan" or collectively, the "Revolving Credit Loans"), which amounts may be borrowed, repaid and reborrowed; provided, however, that the aggregate amount of such Revolving Credit Loans plus L/C Exposure plus B/A Exposure outstanding at any one time shall not exceed the lesser of (i) Thirteen Million ($13,000,000.00) Dollars (the "Commitment"), or (ii) the Adjusted Borrowing Base, or such lesser amount of the Commitment as may be reduced pursuant to Section 2.14 hereof. Each Revolving Credit Loan shall be a Prime Rate Loan or a Eurodollar Loan (or a combination thereof) as the Borrower may request subject to and in accordance with Section 2.09. The Bank may at its option make any Eurodollar Loan by causing a foreign branch or affiliate to make such Loan, provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of the Revolving Credit Note. Subject to the other provisions of this Agreement, Revolving Credit Loans of more than one type may be outstanding at the same timeLoan Documents." (b) Section 2.10 of the Agreement is hereby amended to read as follows:

The Revolving Credit Loans. (a) The Bank agreesBanks agree, on the date of this Agreementseverally but not jointly, on the terms and subject to the conditions of this Agreement Agreement, and in reliance upon the representations and warranties of the Borrower and the Guarantors set forth in this AgreementAgreement that the Banks will, to until the Maturity Date, lend to the Borrower prior to the such Revolving Credit Maturity Date such amounts Loans as the Borrower may request from time to time (individually, a "Revolving Credit Loan" or collectively, the "Revolving Credit Loans")time, which amounts Loans may be borrowed, repaid and reborrowed; , provided, however, that (w) the aggregate amount of such Revolving Credit Loans plus L/C Exposure plus B/A Exposure outstanding Aggregate Outstandings at any one time shall not exceed the lesser of (i) Thirteen Million ($13,000,000.00) Dollars (the "Commitment"), or (ii) the Adjusted Borrowing Base, or such lesser amount of the Total Commitment as it may be reduced pursuant to Section 2.14 2.07 hereof. , (x) each Bank's pro rata share of Revolving Credit Loans and L/C Exposure shall not exceed its Commitment, (y) the aggregate principal amount of Permitted Acquisition Loans made during the term of this Agreement shall not exceed the Permitted Acquisition Sublimit and (z) if all or any part of a Permitted Acquisition Loan is repaid, such amount may not be reborrowed as a Permitted Acquisition Loan. (b) Each Revolving Credit Loan shall be a Prime an Alternate Base Rate Loan or a Eurodollar Loan (or a combination thereof) as the Borrower may request subject to and in accordance with Section 2.092.02. The Any Bank may at its option make any Eurodollar Loan by causing a foreign branch or affiliate to make such Loan, provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of the such Bank's Revolving Credit Note. Subject to the other provisions of this Agreement, Revolving Credit Loans of more than one type may be outstanding at the same time provided, however, that not more than six (6) Eurodollar Loans may be outstanding at the same time." (b) Section 2.10 of the Agreement is hereby amended to read as follows:

The Revolving Credit Loans. (a) The Bank agrees, on the date of this Agreement, on the terms and conditions of this Agreement and in reliance upon the representations and warranties set forth in this Agreement, to lend to the Borrower prior to the Revolving Credit Maturity Date such amounts as the Borrower may request from time to time (individually, a "Revolving Credit Loan" or collectively, the "Revolving Credit Loans"), which amounts may be borrowed, repaid and reborrowed; , provided, however, that the aggregate amount of such Revolving Credit Loans plus L/C Exposure plus B/A Exposure outstanding at any one time shall not exceed the lesser of (i) Thirteen Million TWENTY MILLION ($13,000,000.0020,000,000.00) Dollars DOLLARS (the "Commitment"), or (ii) the Adjusted Borrowing Base, or such lesser amount of the Commitment as may be reduced pursuant to Section 2.14 2.08 hereof. On the date of this Agreement, all loans outstanding under the line of credit made available by the Bank to the Borrower which bear interest at a rate based on the Adjusted Libor Rate shall be deemed to be Revolving Credit Loans made under this Agreement. (b) Each Revolving Credit Loan shall be a Prime an Alternate Base Rate Loan or a Eurodollar Loan (or a combination thereof) as the Borrower may request subject to and in accordance with Section 2.092.02. The Bank may at its option make any Eurodollar Loan by causing a foreign branch or affiliate to make such Loan, provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of the Revolving Credit Note. Subject to the other provisions of this Agreement, Revolving Credit Loans of more than one type may be outstanding at the same time, provided not more than seven (7) Eurodollar Loans may be outstanding at the same time." (b) Section 2.10 of the Agreement is hereby amended to read as follows:

The Revolving Credit Loans. (a) The Bank agreesLenders agree, severally, but not jointly, on the date of this Agreement, on the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Borrower and the Guarantors set forth in this Agreement, to lend to the Borrower prior to the Revolving Credit Maturity Date such amounts as the Borrower may request from time to time (individually, a "Revolving Credit Loan" or collectively, the "Revolving Credit Loans"), which amounts may be borrowed, repaid and reborrowed; provided, however, provided that (i) the aggregate amount of such Revolving Credit Loans plus L/C Exposure plus B/A Exposure outstanding at any one time shall not exceed the lesser of (i) Thirteen Million ($13,000,000.00) Dollars (the "Total Commitment"), or (ii) the Adjusted Borrowing Base, or such lesser amount of the Total Commitment as may be reduced pursuant to Section 2.14 2.08 (a) hereof, or as shall be reduced by Mandatory Reductions pursuant to Section 2.08(b) hereof, (ii) Aggregate Outstandings shall not at any one time exceed the Total Commitment as in effect at such time and (iii) each Lender's Pro Rata Share of Aggregate Outstandings shall not exceed such Lender's Commitment. On the date of this Agreement, all letters of credit set forth on Schedule 2.01 annexed hereto and which are outstanding under the Chase Line of Credit or the EAB Line of Credit shall be deemed to be Outstanding L/C Exposure under this Agreement. (b) Each Revolving Credit Loan shall be a Prime an Alternate Base Rate Loan or a Eurodollar Loan (or a combination thereof) as the Borrower may request subject to and in accordance with Section 2.092.02. The Bank Any Lender may at its option make any Eurodollar Loan by causing a foreign branch or affiliate to make such Loan, provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of the applicable Revolving Credit Note. Subject to the other provisions of this Agreement, Revolving Credit Loans of more than one type may be outstanding at the same time, provided not more than seven (7) Eurodollar Loans may be outstanding at the same time." (b) Section 2.10 of the Agreement is hereby amended to read as follows:

The Revolving Credit Loans. (a) The Bank agreesLenders agree, severally, but not jointly, on the date of this Agreement, on the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Borrower and the Guarantors set forth in this Agreement, to lend to the Borrower prior to the Revolving Credit Maturity Date such amounts as the Borrower may request from time to time (individually, a "Revolving Credit Loan" or collectively, the "Revolving Credit Loans"), which amounts may be borrowed, repaid and reborrowed; provided, however, provided that (i) the aggregate amount of such Revolving Credit Loans plus L/C Exposure plus B/A Exposure outstanding at any one time shall not exceed the lesser of (i) Thirteen Million ($13,000,000.00) Dollars (the "Total Commitment"), or (ii) the Adjusted Borrowing Base, or such lesser amount of the Total Commitment as it may be reduced pursuant to Section 2.14 2.08 (a) hereof, (ii) Aggregate Outstandings shall not at any one time exceed the Total Commitment as in effect at such time and (iii) each Lender's Pro Rata Share of Aggregate Outstandings shall not exceed such Lender's Commitment. On the date of this Agreement, all the Existing Letters of Credit shall be deemed to be Outstanding L/C Exposure under this Agreement. (b) Each Revolving Credit Loan shall be a Prime an Alternate Base Rate Loan or a Eurodollar Loan (or a combination thereof) as the Borrower may request subject to and in accordance with Section 2.092.02. The Bank Any Lender may at its option make any Eurodollar Loan by causing a foreign branch or affiliate to make such Loan, provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of the applicable Revolving Credit Note. Subject to the other provisions of this Agreement, Revolving Credit Loans of more than one type may be outstanding at the same time, provided not more than six (6) Eurodollar Loans may be outstanding at the same time." (b) Section 2.10 of the Agreement is hereby amended to read as follows:

The Revolving Credit Loans. The Bank agrees, on the date of --------------------------- this Agreement, on the terms and conditions of this Agreement and in reliance upon the representations and warranties set forth in this Agreement, to lend to the Borrower prior to the Revolving Credit Maturity Second Conversion Date such amounts as the Borrower may request from time to time (individually, a "Revolving Credit Loan" or and collectively, the "Revolving Credit Loans"), which amounts may be borrowed, repaid and reborrowed; , provided, however, that the aggregate amount of such Revolving Credit Loans plus L/C Exposure plus B/A Exposure outstanding at any one time shall not exceed the lesser of (i) Thirteen Million ($13,000,000.00) Dollars (the "Commitment"), or Initial Commitment from the Closing Date through the Business Day immediately preceding the First Conversion Date; and (ii) the Adjusted Borrowing BaseNet Revolving Loan Commitment from the First Conversion Date through the Business Day immediately preceding the Second Conversion Date, or such lesser amount of the Initial Commitment or the Net Revolving Loan Commitment, as the case may be reduced be, after giving effect to a reduction thereof pursuant to Section 2.14 the terms and conditions hereof. Each Revolving Credit Loan shall be a Prime an Agreed Rate Loan or a Eurodollar Loan (or a combination thereof) as the Borrower may request subject to and in accordance with Section 2.09. The Bank may at its option make any Eurodollar Loan by causing a foreign branch or affiliate to make such Loan, provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of the Revolving Credit Noteand conditions hereof. Subject to the other provisions of this Agreement, Revolving Credit Loans of more than one type may be outstanding at the same time." (b) Section 2.10 of the Agreement is hereby amended to read as follows: