Amount and Terms of the Credit Facility 2.1. The Commitments; Increase in Total Commitments. (a) Subject to the terms and conditions hereof, each Lender severally agrees to make revolving credit loans in Dollars to the Borrower from time to time during the Commitment Period in an aggregate principal amount at any one time outstanding that will not result in such Lender’s Exposure exceeding such Lender’s Commitment. During the Commitment Period the Borrower may use the Commitments by borrowing, prepaying the Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. Notwithstanding anything to the contrary in this Agreement, in no event may Loans be borrowed under this Section 2.1 if, after giving effect thereto, the aggregate principal amount (a) of the Total Exposures at such time would exceed the Total Commitments then in effect or (b) the Exposure of any Lender at such time would exceed such Lender’s Commitment. The Loans may from time to time be Eurodollar Loans or ABR Loans, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.2 and 2.6. The respective obligations of the Lenders under this Agreement are several and not joint and no Lender shall be responsible for the failure of any other Lender to satisfy its obligations hereunder.
Amounts and Terms of the Loans 2.1 Commitments 12 2.2 Note 12 2.3 Principal Payments; Maturity of Loans 13 2.4 Interest 13 2.5 Fees 15 2.6 Termination or Reduction of Commitments 15 2.7 General Provisions as to Payments 15 2.8 Disbursement of Loan Proceeds 15 2.9 Use of Proceeds 15 2.10 Taxes 15 2.11 Illegality 16
Amount and Terms of the Commitments 30 Section 2.1. General Description of Facilities 30 Section 2.2. Revolving Loans 31 Section 2.3. Procedure for Revolving Borrowings 31 Section 2.4. Swingline Commitment 31 Section 2.5. Funding of Borrowings 33 Section 2.6. Interest Elections 33 Section 2.7. Optional Reduction and Termination of Commitments 34 Section 2.8. Repayment of Loans 35 Section 2.9. Evidence of Indebtedness 35 Section 2.10. Optional Prepayments 35 Section 2.11. Mandatory Prepayments 36 Section 2.12. Interest on Loans 36 Section 2.13. Fees 37 Section 2.14. Computation of Interest and Fees 38 Section 2.15. Inability to Determine Interest Rates 38 Section 2.16. Illegality 38 Section 2.17. Increased Costs 39 Section 2.18. Funding Indemnity 40 Section 2.19. Taxes 40 Section 2.20. Payments Generally; Pro Rata Treatment; Sharing of Set-offs 43 Section 2.21. Letters of Credit 45 Section 2.22. Increase of Commitments; Additional Lenders 49 Section 2.23. Mitigation of Obligations 52 Section 2.24. Replacement of Lenders 52 Section 2.25. Defaulting Lenders 53 Section 2.26. All Obligations to Constitute Joint and Several Obligations 54 ARTICLE III
Amount and Terms of the Commitment Section 2.01. The Advances ................................................................... 7 Section 2.02. Making the Advances ............................................................ 7 Section 2.03. Fees ........................................................................... 9 Section 2.04. Reduction or Termination of the Maximum Commitment ............................. 9 Section 2.05. Repayments of Interest Advances or the Final Advance ........................... 9 Section 2.06. Repayments of Provider Advances ................................................ 10 Section 2.07. Payments to the Liquidity Provider Under the Intercreditor Agreement ........... 11 Section 2.08. Book Entries ................................................................... 11 Section 2.09. Payments from Available Funds Only ............................................. 11 Section 2.10. Extension of the Expiry Date: Non-Extension Advance ........................... 11
Terms of the Agreement Each Party shall treat the terms of this Agreement as the Confidential Information of other Party, subject to the exceptions set forth in Section 7.2. Notwithstanding the foregoing, each Party acknowledges that the other Party may be obligated to file a copy of this Agreement with the SEC, either as of the Effective Date or at some point during the Term. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of certain commercial terms and sensitive technical terms hereof to the extent such confidential treatment is reasonably available to it. In the event of any such filing, the filing Party shall provide the other Party with a copy of the Agreement marked to show provisions for which the filing Party intends to seek confidential treatment and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements governing redaction of information from material agreements that must be publicly filed. The other Party shall promptly provide any such comments.
OTHER TERMS OF THE AGREEMENT Except as specifically amended hereby, all of the terms and conditions of the Agreement shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms.
AMOUNTS AND TERMS OF THE ADVANCES SECTION 2.01 The Revolving Advances and Letters of Credit 19 SECTION 2.02 Making the Revolving Advances 20 SECTION 2.03 Swingline Loans 21 SECTION 2.04 Issuance of and Drawings and Reimbursement Under Letters of Credit 22 SECTION 2.05 The CAF Advances 23 SECTION 2.06 Competitive Bid Procedure 23 SECTION 2.07 Fees 26 SECTION 2.08 Termination or Reduction of the Revolving Commitments 26 SECTION 2.09 Repayment 27 SECTION 2.10 Interest 27 SECTION 2.11 Interest Rate Determination 28 SECTION 2.12 Optional Conversion of Revolving Advances 29 SECTION 2.13 Optional Prepayments of Revolving Advances 29 SECTION 2.14 Increased Costs 29 SECTION 2.15 Illegality 30 SECTION 2.16 Payments and Computations 30 SECTION 2.17 Taxes 31 SECTION 2.18 Sharing of Payments, Etc. 33 SECTION 2.19 Use of Proceeds 33 SECTION 2.20 Extension Option 33 SECTION 2.21 Increase in the Aggregate Revolving Commitments 34 SECTION 2.22 Evidence of Debt 35 ARTICLE III CONDITIONS TO EFFECTIVENESS AND LENDING SECTION 3.01 Conditions Precedent to Effectiveness of Sections 2.01 and 2.05 35 SECTION 3.02 Conditions Precedent to Each Revolving Borrowing, Issuance and Commitment Increase 36 SECTION 3.03 Conditions Precedent to Each CAF Borrowing 37 SECTION 3.04 Determinations Under Section 3.01 37 ARTICLE IV
Amounts and Terms of the Advances and Letters of Credit Section 2.01 The Revolving Advances and Letters of Credit.
Amount and Terms of the Loans 2.1 Commitments 25 2.2 Borrowings 26 2.3 Disbursements; Funding Reliance; Domicile of Loans 29 2.4 Evidence of Debt; Notes 30
Amount and Terms of the Loan Subject to the terms of this Agreement:
