Common use of The Revolving Loans Clause in Contracts

The Revolving Loans. Each Lender with a Revolving Commitment severally agrees, on the terms and conditions hereinafter set forth, to make Revolving Loans to the Borrower from time to time on any Business Day during the period from the Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount of such Lender's Revolving Commitment; provided, however, that (i) no more than $8,500,000 of Revolving Loans may be incurred on the Closing Date and all such Revolving Loans shall be made and initially maintained as a single Borrowing of Base Rate Loans and (ii) after giving effect to any Revolving Borrowing, the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate principal amount of all outstanding Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not exceed the Aggregate Revolving Commitment. Within such limits, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loans under this Section 2.01(c), prepay pursuant to Section 2.06 or 2.07(a) and reborrow pursuant to this Section 2.01(c).

The Revolving Loans. (a) The Commitment -- Use of Proceeds. Each Lender with a Revolving Commitment of the Lenders severally agrees, on subject to the terms and conditions hereinafter set forthof this Agreement, to make Revolving Loans Advances to the Borrower Company on a revolving basis (collectively, the "Revolving Loans") from time to time on any Business Day during the period from and after the Closing Date to until the Revolving Termination Loans Maturity Date, in an aggregate amount not to exceed at any time outstanding the amount of such Lender's Revolving Commitment; provided, however, provided that (i) no more than $8,500,000 of Revolving Loans may be incurred on the Closing Date and all such Revolving Loans shall be made and initially maintained as a single Borrowing of Base Rate Loans and (ii) after giving effect to any Revolving Borrowing, the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate principal amount of all outstanding Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) plus the aggregate amount of all Revolving Loans of any Lender outstanding Letter at any time shall not exceed its Commitment, (ii) the aggregate principal balance of Credit Obligations (exclusive all of unpaid drawings under the Revolving Loans outstanding at any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), time shall not exceed the Aggregate Revolving Commitment. Within such limitsMaximum Revolver Availability, and subject to the other terms and conditions hereof, aggregate principal balance of all Revolving Loans of each Lender outstanding at any time shall not exceed such Lender's Commitment Percentage of the Borrower may borrow Maximum Revolver Availability. The Revolving Loans under this Section 2.01(c)Agreement are a continuation, prepay pursuant on amended terms, of the "Revolving Loan" extended to Section 2.06 or 2.07(athe Company under the Prior Agreement (the "Prior Revolving Loans") and reborrow pursuant the Company affirms, acknowledges and agrees that the aggregate outstanding principal balance of the Prior Revolving Loans as of the Closing Date is $__________________, being the unpaid principal amount of the Prior Revolving Loans immediately prior to the execution of this Agreement. On the Closing Date, subject to satisfaction of the conditions in Section 2.01(c)6.01, the Lenders shall make an Advance in the sum of $9,750,000.00, the proceeds of which shall be used to pay in full the Term Loan. Thereafter, Revolving Loans may be used by the Company to fund working capital requirements and for general corporate purposes.

The Revolving Loans. Each Upon the satisfaction of the conditions precedent set forth in Section 4.2 and prior to the Facility Termination Date, each Lender with a Revolving Commitment severally agrees, on the terms and conditions hereinafter set forthforth in this Agreement (including, without limitation, the terms and conditions of Sections 2.11 and 8.1 relating to the reduction, suspension or termination of the Aggregate Revolving Commitment), to make Revolving Loans to the Borrower from time to time on any Business Day during the period from the Closing Date to the Revolving Termination Date, in an aggregate principal amount that will not to exceed at any time outstanding the amount of result in (i) such Lender's Revolving Commitment; provided, however, that (i) no more than $8,500,000 of Exposure exceeding such Lender's Revolving Loans may be incurred on the Closing Date and all such Revolving Loans shall be made and initially maintained as a single Borrowing of Base Rate Loans and Commitment or (ii) after giving effect the aggregate Revolving Exposures exceeding the Aggregate Revolving Commitments. Subject to any Revolving Borrowingthe terms of this Agreement (including, without limitation, the aggregate principal amount terms and conditions of all outstanding Revolving LoansSections 2.11 and 8.1 relating to the reduction, together with the aggregate principal amount suspension or termination of all outstanding Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not exceed the Aggregate Revolving Commitment. Within such limits, and subject to the other terms and conditions hereof), the Borrower may borrow borrow, repay and reborrow Revolving Loans under at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with the terms and conditions of this Section 2.01(c)Agreement, prepay the Revolving Commitments of the Lenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, each of the Lenders shall be required to fund its Pro Rata Share of any Revolving Advance made in connection with any L/C Drafts notwithstanding that such Revolving Advance may be made on or after the date of any reduction, suspension or termination of the Aggregate Revolving Commitment pursuant to Section 2.06 2.11(b) or 2.07(a) and reborrow pursuant to this Section 2.01(c)8.1.

The Revolving Loans. (a) The Commitment -- Use of Proceeds. Each Lender with a Revolving Commitment of the Revolver Lenders severally agrees, on subject to the terms and conditions hereinafter set forthof this Agreement, to make Revolving Loans Advances to the Borrower Company on a revolving basis (collectively, the "Revolving Loans") from time to time on any Business Day during the period from and after the Closing Date to until the Revolving Termination Loans Maturity Date, with the principal balance of all of the Revolving Loans not to exceed in an the aggregate amount at any time the Maximum Revolver Availability and with the outstanding principal balance of all Advances made by each Revolver Lender not to exceed at any time outstanding the amount of such Lender's Revolving Commitment; provided, however, that (i) no more than $8,500,000 Loans Commitment Percentage of Revolving Loans the Maximum Revolver Availability. Advances may be incurred on used by the Closing Date Company only to fund working capital requirements and all such Revolving Loans shall be made New Acquisitions and initially maintained as a single Borrowing to refinance existing Debt of Base Rate Loans and (ii) after giving effect to any Revolving Borrowing, the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate principal amount of all outstanding Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not exceed the Aggregate Revolving CommitmentCompany. Within such limits, and subject to the other terms and conditions hereof, the Borrower may borrow The Revolving Loans under this Section 2.01(c)Agreement are a continuation, prepay pursuant on amended terms, of the "Revolving Loan" extended to Section 2.06 or 2.07(athe Company by the Signatory Lenders and PNC under the Original Agreement (the "Prior Revolving Loans") and reborrow pursuant the Company affirms, acknowledges and agrees that the aggregate outstanding principal balance of the Prior Revolving Loans as of the Closing Date is $__________________, being the unpaid principal amount of the Prior Revolving Loans immediately prior to the execution of this Section 2.01(c)Agreement.

The Revolving Loans. (a) The Revolving Commitment. Each Lender with a Revolving Commitment agrees, severally agreesand not ------------------------ jointly, on the terms and conditions hereinafter set forth, to make loans ("Revolving Loans Loans") to the Borrower from time to time on any Business Day during the period from the Closing --------------- date hereof to and including the Maturity Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount of set opposite such Lender's name on the signature pages hereof, as such amount may be reduced pursuant to Section 2.1(e), provided, that no Lender shall be obligated on any date to make a Loan which, when added to the aggregate principal amount of outstanding Revolving Commitment; Loans on such date plus the Letter of Credit Usage, would exceed the Revolving Commitment then in effect. Each borrowing under this Section (a "Borrowing") shall be in a minimum amount --------- of $1,000,000. Each Borrowing shall be made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of the Revolving Commitment and prior to the Maturity Date, the Borrower may borrow, repay pursuant to Section 2.2(b) and reborrow under this Section, provided, however, that (i) at no more than $8,500,000 of Revolving Loans may be incurred on the Closing Date and all such Revolving Loans time shall be made and initially maintained as a single Borrowing of Base Rate Loans and (ii) after giving effect to any Revolving Borrowing, the aggregate principal -------- ------- amount of all outstanding Revolving Loans, together with the aggregate principal amount of all outstanding Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not Usage then in effect exceed the Aggregate Revolving Commitment. Within such limits, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loans under this Section 2.01(c), prepay pursuant to Section 2.06 or 2.07(a) and reborrow pursuant to this Section 2.01(c)Commitment then in effect.

The Revolving Loans. Each Lender with a Revolving Commitment severally agrees, on (a) Upon the terms and subject to the conditions hereinafter set forthof this Agreement, and in reliance upon the representations, warranties and covenants of the Company made herein, the Bank agrees to make Revolving Loans loans ("REVOLVING LOANS") to the Borrower Company pursuant to Notices of Borrowing as delivered by the Company to the Bank from time to time on any Business Day time, from and after the date hereof and during the period from the Closing Date to the Revolving Termination DateCredit Period; PROVIDED, in an aggregate amount not to exceed at any time outstanding the amount of such Lender's Revolving Commitment; provided, however, that that (i1) no more than $8,500,000 of Revolving Loans may be incurred on the Closing Date and all such Revolving Loans shall be made and initially maintained as a single Borrowing of Base Rate Loans and (ii) after giving effect to any Revolving Borrowing, the aggregate principal amount of all Revolving Loans outstanding Revolving Loans, together with the aggregate principal amount of all outstanding Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under at any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), time shall not exceed the Available Aggregate Revolving CommitmentCommitment at such time and (2) at the time the Company requests a Revolving Loan and after giving effect to the making thereof there has not occurred and is not continuing any Default or Event of Default. Within The Company agrees that it shall be an Event of Default if at any time the debit balance of the Loan Account shall exceed the Available Aggregate Revolving Commitment unless the Company shall, upon demand by the Bank, pay, within two (2) Business Days, cash to the Bank to be credited to the Loan Account in such limitsamount as shall be necessary to eliminate the excess. (b) Prior to 12:00 noon (Boston time) on the Revolving Loan request date, an Authorized Officer shall notify the Bank in writing or by telephone confirmed by (1) telex, (2) telecopy or (3) other facsimile transmission, on the same day as the telephonic request (the "NOTICE OF BORROWING"), of the proposed 12 18 date of borrowing and the principal amount requested. No Notice of Borrowing shall be revocable by the Company. (c) The Bank shall enter the Revolving Loans as debits in the Loan Account. The Bank shall also record in the Loan Account all payments made by the Company on account of the Revolving Loans, and subject may also record therein, in accordance with customary accounting practices, other debits and credits, and all interest, fees, charges and expenses chargeable to the Company under this Agreement. The debit balance of the Loan Account shall reflect the amount of the Company's Obligations to the Bank from time to time by reason of the Revolving Loans and other appropriate charges hereunder. Periodically, the Bank shall render a statement of account showing as of its date the debit balance of the Loan Account which, unless within thirty (30) days of such date notice to the contrary is received by the Bank from the Company, absent manifest error, shall be considered correct and accepted by the Company and conclusively binding upon it. (d) Subject to the terms and conditions hereofof this Agreement, the Borrower may borrow Bank shall make each Revolving Loans under this Section 2.01(c), prepay pursuant Loan on the effective date specified therefor by crediting the amount of such Revolving Loan to Section 2.06 or 2.07(a) and reborrow pursuant to this Section 2.01(c)the Company's demand deposit account with the Bank.

The Revolving Loans. Each Lender with a The Revolving Commitment severally agrees, Commitments hereunder shall terminate on the terms earlier to occur of (i) the date on which the Revolving Commitments are terminated pursuant to subsection 8.2(a), (ii) such date as is deferred by the Company pursuant to Section 2.5, and conditions hereinafter set forth(iii) June 30, 2005. The date of termination of the Revolving Commitments as provided in the immediately preceding sentence is referred to make herein as the "Revolving Loans to the Borrower from time to time on any Business Day during the period from the Closing Date to Termination Date." On the Revolving Termination Date, the Company shall repay to the Agents and the Lenders in an full the aggregate principal amount not of the Revolving Loans and reimbursement obligations with respect to exceed at Letters of Credit then outstanding. In the event any time Letters of Credit are outstanding on the Revolving Termination Date, the Company shall provide to the Administrative Agent cash Collateral in the amount of such LenderLetters of Credit to secure the Company's Revolving Commitment; providedreimbursement obligations with respect to such Letters of Credit, howevertogether with reasonably anticipated related fees, that (i) no more than $8,500,000 of Revolving Loans may be incurred on the Closing Date costs and all such Revolving Loans expenses, which cash Collateral shall be made and initially maintained as in a single Borrowing Collateral Account. If at any time hereafter the sum of Base Rate Loans and (ii) after giving effect to any Revolving Borrowing, the aggregate principal amount of all outstanding Revolving LoansLoans and the LC Amount exceeds the Revolving Loan Availability (an "Overadvance"), together with the aggregate principal Company shall immediately pay such excess to Administrative Agent for the account of Lenders; provided, that notwithstanding the foregoing, if an Overadvance is caused by the occurrence of an Event of Loss, the Company shall not be required to pay the amount of all outstanding Swingline Loans such excess to Administrative Agent as provided herein until the earlier of (exclusive A) forty-five (45) days after the occurrence of Swingline Loans which are repaid with such Event of Loss and (B) the receipt by the Company of insurance, condemnation or other proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) plus the aggregate amount such Event of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not exceed the Aggregate Revolving Commitment. Within such limits, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loans under this Section 2.01(c), prepay pursuant to Section 2.06 or 2.07(a) and reborrow pursuant to this Section 2.01(c)Loss.

The Revolving Loans. Each Upon the satisfaction of the conditions precedent set forth in Sections 4.2 and 4.4 and prior to the Facility Termination Date, each Lender with a Revolving Commitment severally agrees, on the terms and conditions hereinafter set forthforth in this Agreement (including, without limitation, the terms and conditions of Sections 2.11 and 8.1 relating to the reduction, suspension or termination of the Aggregate Revolving Commitment), to make Revolving Loans to the Borrower from time to time on any Business Day during the period from the Closing Date to the Revolving Termination Date, in an aggregate principal amount that will not to exceed at any time outstanding the amount of such Lender's Revolving Commitment; provided, however, that result in (i) no more than $8,500,000 of such Lender’s Revolving Loans may be incurred on the Closing Date and all Exposure exceeding such Lender’s Revolving Loans shall be made and initially maintained as a single Borrowing of Base Rate Loans and Commitment or (ii) after giving effect the aggregate Revolving Exposures exceeding the lesser of (x) the Aggregate Revolving Commitments or (y) the Borrowing Base at such time. Subject to any Revolving Borrowingthe terms of this Agreement (including, without limitation, the aggregate principal amount terms and conditions of all outstanding Revolving LoansSections 2.11 and 8.1 relating to the reduction, together with the aggregate principal amount suspension or termination of all outstanding Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not exceed the Aggregate Revolving Commitment. Within such limits, and subject to the other terms and conditions hereof), the Borrower may borrow borrow, repay and reborrow Revolving Loans under at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with the terms and conditions of this Section 2.01(c)Agreement, prepay the Revolving Commitments of the Lenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, each of the Lenders shall be required to fund its Pro Rata Share of any Revolving Advance made in connection with any L/C Drafts notwithstanding that such Revolving Advance may be made on or after the date of any reduction, suspension or termination of the Aggregate Revolving Commitment pursuant to Section 2.06 2.11(b) or 2.07(a) and reborrow pursuant to this Section 2.01(c)8.1.