Common use of Tranche A Loans Clause in Contracts

Tranche A Loans. Subject to the terms and conditions set forth herein, the Fronting Bank shall, from time to time during the Tranche A Availability Period at the request of the Borrower, make one or more Tranche A Loans to the Borrower in an aggregate principal amount that will not result in the total Tranche A Exposures exceeding the lesser of the balance of the Tranche A Credit-Linked Deposit Account (excluding any portion of the Tranche A Credit-Linked Deposit Account attributable to interest) or the total Tranche A Funding Amounts. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Tranche A Loans. Tranche A Loans shall constitute utilization of the Tranche A Funding Amounts. By the making of a Tranche A Loan, and without any further action on the part of the Fronting Bank or the Lenders, the Fronting Bank hereby grants to each Tranche A Lender, and each Tranche A Lender hereby acquires from the Fronting Bank, a participation in such Loan equal to such Lender's Applicable Percentage of the principal amount thereof. Each Tranche A Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Tranche A Loans is absolute and unconditional and shall not be affected by any circumstance whatsoever, including the occurrence and continuance of a Default or, subject to Section 2.01(f), reduction or termination of the Tranche A Funding Amounts. In consideration and in furtherance of the foregoing, each Tranche A Lender hereby absolutely and unconditionally authorizes and directs the Paying Agent to withdraw from the Tranche A Credit-Linked Deposit Account (and debit such Lender's Tranche A Credit-Linked Sub-Account in the amount of) such Lender's Applicable Percentage of the principal amount of each Tranche A Loan not paid when due (whether at stated maturity, acceleration or otherwise), or of any payment of principal of any Tranche A Loan required to be refunded to the Borrower for any reason (it being understood and agreed that each Tranche A Lender's obligations in respect of participations in Tranche A Loans shall be payable solely from, and limited to, such Lender's Tranche A Credit-Linked Deposit).

Tranche A Loans. Subject to the terms and conditions set forth hereinhereof, the Fronting Bank shall, each Lender agrees to make loans to Borrower (herein called such Lender's "Tranche A Loans") upon Borrower's request from time to time during the Tranche A Availability Period at the request of the BorrowerRevolving Period, provided that (a) subject to Sections 3.3, 3.4 and 3.6, all Lenders are requested to make one or more Tranche A Loans of the same Type in accordance with their respective Percentage Shares and as part of the same Borrowing, (b) after giving effect to the Borrower in an aggregate principal amount that will not result in the total such Tranche A Exposures exceeding the lesser of the balance of Loans, the Tranche A Credit-Linked Deposit Account (excluding any portion of Facility Usage does not exceed the Tranche A Credit-Linked Deposit Account attributable to interestBorrowing Base (as defined in Section 2.10) or and (c) the total Aggregate Facility Usage does not exceed the Maximum Loan Amount. The aggregate amount of all Loans in any Borrowing of Tranche A Funding AmountsLoans that are Base Rate Loans must be greater than or equal to $100,000 or must equal the remaining availability under the Tranche A Borrowing Base. Within Borrower may have no more than five Borrowings of Tranche A Loans that are Eurodollar Loans outstanding at any time. The aggregate amount of all Loans in any Borrowing of Tranche A Loans that are Eurodollar Loans must be greater than or equal to $500,000 or must equal the foregoing limits remaining availability under the Tranche A Borrowing Base. The obligation of Borrower to repay to each Lender the aggregate amount of all Tranche A Loans made by such Lender, together with interest accruing in connection therewith, shall be evidenced by a single promissory note (herein called such Lender's "Tranche A Note") made by Borrower payable to the order of such Lender in the form of Exhibit A-1 with appropriate insertions. The amount of principal owing on any Lender's Tranche A Note at any given time shall be the aggregate amount of all Tranche A Loans theretofore made by such Lender minus all payments of principal theretofore received by such Lender on such Tranche A Note. Interest on each Tranche A Note shall accrue and subject be due and payable as provided herein and therein. Each Tranche A Note shall be due and payable as provided herein and therein, and shall be due and payable in full on the Tranche A Maturity Date. Subject to the terms and conditions set forth hereinhereof, the Borrower may borrow, prepay repay, and reborrow Tranche A Loans. Tranche A Loans shall constitute utilization of hereunder during the Tranche A Funding Amounts. By the making of a Tranche A Loan, and without any further action on the part of the Fronting Bank or the Lenders, the Fronting Bank hereby grants to each Tranche A Lender, and each Tranche A Lender hereby acquires from the Fronting Bank, a participation in such Loan equal to such Lender's Applicable Percentage of the principal amount thereof. Each Tranche A Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Tranche A Loans is absolute and unconditional and shall not be affected by any circumstance whatsoever, including the occurrence and continuance of a Default or, subject to Section 2.01(f), reduction or termination of the Tranche A Funding Amounts. In consideration and in furtherance of the foregoing, each Tranche A Lender hereby absolutely and unconditionally authorizes and directs the Paying Agent to withdraw from the Tranche A Credit-Linked Deposit Account (and debit such Lender's Tranche A Credit-Linked Sub-Account in the amount of) such Lender's Applicable Percentage of the principal amount of each Tranche A Loan not paid when due (whether at stated maturity, acceleration or otherwise), or of any payment of principal of any Tranche A Loan required to be refunded to the Borrower for any reason (it being understood and agreed that each Tranche A Lender's obligations in respect of participations in Tranche A Loans shall be payable solely from, and limited to, such Lender's Tranche A Credit-Linked Deposit)Revolving Period.

Tranche A Loans. Subject to the terms and conditions set forth hereinhereof, the Fronting Bank shall, Tranche A Lenders severally agree to make loans to Borrower (herein called such Tranche A Lender's "Tranche A Loans") from time to time on any Business Day during the Tranche A Availability Commitment Period at the request so long as (i) all Tranche A Lenders are requested to make Tranche A Committed Loans of the Borrowersame Type in accordance with their respective Tranche A Percentage Shares and as part of the same Borrowing, make one or more (ii) the aggregate amount of all Tranche A Loans to the Borrower in an aggregate principal amount that will outstanding does not result in the total Tranche A Exposures exceeding the lesser of the balance of exceed the Tranche A Credit-Linked Deposit Account Commitment at any time and (excluding iii) the aggregate amount of all Loans (including Committed Loans and Competitive Bid Loans) and all LC Obligations does not exceed the Commitment. The aggregate amount of all Tranche A Loans in any Borrowing must be greater than or equal to $250,000 and must be a higher integral multiple of $100,000 or must equal the unadvanced portion of the Tranche A Credit-Linked Deposit Account attributable Commitment. The obligation of Borrower to interest) or the total repay to each Tranche A Funding AmountsLender the aggregate amount of all Tranche A Loans made by such Tranche A Lender, together with interest accruing in connection therewith, shall be evidenced by a single promissory note made by Borrower payable to the order of such Tranche A Lender (herein called such Tranche A Lender's "Tranche A Note") in the form of Exhibit A with appropriate insertions. Within The amount of principal owing on any Tranche A Lender's Tranche A Note at any given time shall be the foregoing limits and aggregate amount of all Tranche A Loans theretofore by such Tranche A Lender made minus all payments of principal theretofore received by such Tranche A Lender on its Tranche A Note. Principal paid or prepaid on the Tranche A Notes may, subject to the terms and conditions set forth hereinhereof, the Borrower may borrow, prepay and reborrow Tranche A Loans. Tranche A Loans shall constitute utilization of be reborrowed during the Tranche A Funding AmountsCommitment Period. By the making of a Tranche A Loan, and without any further action Interest on the part of the Fronting Bank or the Lenders, the Fronting Bank hereby grants to each Tranche A Lender, Note shall accrue and each Tranche A Lender hereby acquires from the Fronting Bank, a participation in such Loan equal to such Lender's Applicable Percentage of the principal amount thereof. Each Tranche A Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Tranche A Loans is absolute and unconditional and shall not be affected by any circumstance whatsoever, including the occurrence and continuance of a Default or, subject to Section 2.01(f), reduction or termination of the Tranche A Funding Amounts. In consideration and in furtherance of the foregoing, each Tranche A Lender hereby absolutely and unconditionally authorizes and directs the Paying Agent to withdraw from the Tranche A Credit-Linked Deposit Account (and debit such Lender's Tranche A Credit-Linked Sub-Account in the amount of) such Lender's Applicable Percentage of the principal amount of each Tranche A Loan not paid when due (whether at stated maturity, acceleration or otherwise), or of any payment of principal of any Tranche A Loan required to be refunded to the Borrower for any reason (it being understood and agreed that each Tranche A Lender's obligations in respect of participations in Tranche A Loans shall be payable solely from, as provided herein and limited to, such Lender's Tranche A Credit-Linked Deposit)therein.

Tranche A Loans. Subject Each Lender severally agrees to the terms lend to Borrowers, on a joint and conditions set forth herein, the Fronting Bank shallseveral basis, from time to time during the Tranche A Availability Period at period from the request Closing Date to but excluding the Termination Date an aggregate amount not exceeding its Pro Rata Share of the Borrower, make one or more Tranche A Loans to the Borrower in an aggregate principal amount that will not result in the total Tranche A Exposures exceeding the lesser of the balance of the Tranche A Credit-Linked Deposit Account (excluding any portion Commitments to be used for the purposes identified in subsection 2.5A. The original amount of each Lender's Tranche A Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of the Tranche A Credit-Linked Deposit Account attributable to interest) Commitments is $115,000,000; provided, however, that in the event the Thai Asset Sale shall have been consummated on or the total Tranche A Funding Amounts. Within the foregoing limits and subject prior to the terms and conditions set forth hereinClosing Date, the Borrower may borrow, prepay and reborrow Tranche A Loans. Tranche A Loans shall constitute utilization aggregate original amount of the Tranche A Funding Amounts. By Commitments shall be reduced on the making of a Closing Date to $95,000,000 (and the original Tranche A Loan, and Commitments of Lenders shall be ratably reduced to reflect such reduction in the aggregate original amount of the Tranche A Commitments) without any further action reduction to the Tranche A Loss Sharing Sublimit or the Tranche A Letter of Credit Sublimit then in effect; and provided further, that the Tranche A Commitments of Lenders shall be adjusted to give effect to any assignments of the Tranche A Commitments pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. Each Lender's Tranche A Commitment shall expire on the part of the Fronting Bank or the Lenders, the Fronting Bank hereby grants to each Termination Date and all Tranche A Lender, Loans and each all other amounts owed hereunder with respect to the Tranche A Lender hereby acquires from Loans and the Fronting BankTranche A Commitments shall be paid in full no later than that date. Amounts borrowed under this subsection 2.1A(i) (other than Tranche A Loss Sharing Loans) may be repaid and reborrowed up to but excluding the Termination Date; amounts borrowed as Tranche A Loss Sharing Loans and subsequently repaid may not be reborrowed. Anything contained in this Agreement to the contrary notwithstanding, a participation (i) in such Loan equal to such Lender's Applicable Percentage no event shall the Total Utilization of Tranche A Commitments at any time exceed the Tranche A Commitments, (ii) in no event shall the principal amount thereof. Each Tranche A Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Tranche A Loans is absolute outstanding at any time (other than Tranche A Loss Sharing Loans and unconditional Tranche A Loans made to reimburse a drawing under a Tranche A Letter of Credit under subsection 3.3) exceed the least of (x) the amount permitted to be outstanding hereunder pursuant to the Interim Borrowing Order or the Final Borrowing Order, as applicable, (y) the Advance Limit then in effect, and shall not be affected by any circumstance whatsoever, including the occurrence and continuance of a Default or, subject to Section 2.01(f), reduction or termination of (z) the Tranche A Funding Amounts. In consideration and Commitments then in furtherance of the foregoing, each Tranche A Lender hereby absolutely and unconditionally authorizes and directs the Paying Agent to withdraw from effect minus the Tranche A Credit-Linked Deposit Account (and debit such Lender's Letter of Credit Sublimit then in effect minus the Tranche A Credit-Linked Sub-Account Loss Sharing Sublimit, and (iii) in the amount of) such Lender's Applicable Percentage of no event shall the principal amount of each Tranche A Loan not paid when due (whether Loss Sharing Loans outstanding at stated maturity, acceleration or otherwise), or of any payment of principal of any time exceed the Tranche A Loan required to be refunded Loss Sharing Sublimit or, when added to the Borrower for any reason (it being understood and agreed that each Tranche A Lender's obligations in respect principal amount of participations in all other outstanding Tranche A Loans shall be payable solely from, and limited to, such Lender's (other than Tranche A Loans made to reimburse a drawing under a Tranche A Letter of Credit-Linked Deposit), the amount permitted to be outstanding pursuant to the Interim Borrowing Order or Final Borrowing Order, as applicable.