Common use of Tranche B Loans Clause in Contracts

Tranche B Loans. Subject to the terms and conditions set forth in this Agreement, each Lender severally agrees to make Tranche B Loans to the Borrowers from time to time during the period from and including the Tranche B Commencement Date to but excluding the Commitment Termination Date; provided that, immediately after each such Tranche B Loan is made, such Lender's Outstanding Tranche B Amount shall not exceed its Tranche B Commitment. Each Borrowing of Tranche B Loans shall be borrowed from the several Lenders ratably in proportion to their respective Tranche B Commitments. Within the limits specified herein, the Borrowers may borrow Tranche B Loans, repay such borrowing and reborrow Tranche B Loans pursuant to the terms of this Agreement. As used in this Section 2.01(b), "Tranche B Commencement Date" means the later of (i) the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent and the Lenders) that Lenders permit Tranche B Loans to be borrowed hereunder, and (ii) the date specified as the proposed initial date of borrowing of Tranche B Loans in a Notice of Borrowing delivered to the Administrative Agent pursuant to Section 2.02. Notwithstanding anything to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on the aggregate amount of Tranche B Loans permitted to be borrowed from time to time, the increments for borrowing Tranche B Loans and the times such Borrowings may be made hereunder and other terms and conditions relating to the availability of the Tranche B Loans.

Tranche B Loans. On the Second Restatement Date (after giving effect to the Master Assignment), (i) the Existing Tranche B Term Loans shall continue as "Tranche B Loans" hereunder and (ii) the Borrower shall have repaid the Tranche B Loans with the proceeds of the Arch 12 3/4% Senior Notes and Tranche A Loans. Subject to the terms and conditions set forth in this AgreementconditioNS hereof, each Tranche B Lender severally agrees to make loans (each a "TRANCHE B LOAN" and, collectively with all other Tranche B Loans of such Tranche B Lender and/or with the Tranche B Loans of each other Tranche B Lender, the "TRANCHE B LOANS") to the Borrowers Borrower from time to time during the period from and including the Tranche B Commencement Date to but excluding the Commitment Termination Date; provided thatPeriod, PROVIDED THAT immediately after each such Tranche B Loan is made, such Lender's Outstanding Tranche B Amount shall not exceed its Tranche B Commitment. Each Borrowing of Tranche B Loans shall be borrowed from the several Lenders ratably in proportion to their respective Tranche B Commitments. Within the limits specified herein, the Borrowers may borrow Tranche B Loans, repay such borrowing and reborrow Tranche B Loans pursuant to the terms of this Agreement. As used in this Section 2.01(b), "Tranche B Commencement Date" means the later of giving effect thereto (i) the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent and the Lenders) that Lenders permit outstanding Tranche B Loans to be borrowed hereunderof such Tranche B Lender shall not exceed such Tranche B Lender's Tranche B Commitment, and (ii) the date specified as the proposed initial date of borrowing of outstanding Tranche B Loans in a Notice of Borrowing delivered to the Administrative Agent pursuant to Section 2.02. Notwithstanding anything to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on the aggregate amount of all Tranche B Loans permitted to be borrowed from time to timeLenders shall not exceed the Aggregate Tranche B Commitments. During the Tranche B Commitment Period, the increments for borrowing Borrower may borrow, prepay in whole or in part and reborrow under the Aggregate Tranche B Loans and Commitments, all in accordance with the times such Borrowings may be made hereunder and other terms and conditions relating to the availability of the Tranche B Loansthis Agreement.

Tranche B Loans. Subject to the terms and conditions set forth in this Agreementhereof, each Lender Tranche B Lenders severally agrees agree to make loans to Borrower (herein called such Tranche B Lender's "Tranche B Loans") from time to time on any Business Day during the Tranche B Commitment Period so long as (i) all Tranche B Lenders are requested to make Tranche B Loans to of the Borrowers from time to time during same Type in accordance with their respective Tranche B Percentage Shares and as part of the period from and including same Borrowing, (ii) the sum of (a) the aggregate amount of all Tranche B Loans outstanding plus (b) the LC Obligations outstanding does not exceed the Tranche B Commencement Date to but excluding Commitment at any time and (iii) the Commitment Termination Date; provided that, immediately after each such 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 B Loan is made, such Lender's Outstanding Tranche B Amount shall not exceed its 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 B Commitment. Each Borrowing In addition to the foregoing, upon the making of each payment by the Issuing Bank pursuant to any LC, Borrower shall be deemed to have requested each Tranche B Loans Lender to, and such Tranche B Lender shall, make a Tranche B Loan in the amount of such Tranche B Lender's Tranche B Percentage Share of Borrower's consequent reimbursement obligation and apply the proceeds thereof to the payment of such reimbursement obligation. When any Matured LC Obligations is repaid with proceeds of a Borrowing, such Matured LC Obligations so repaid shall be borrowed from the several Lenders ratably in proportion to their respective Tranche B Commitments. Within the limits specified herein, the Borrowers may borrow Tranche B Loans, repay extinguished and such borrowing and reborrow Tranche B Loans pursuant to Borrowing shall be governed by the terms of this AgreementAgreement applicable to all other Borrowings. As used Any such Borrowings are Borrowings of Committed Base Rate Loans unless otherwise designated by Borrower in this compliance with the notice requirements set forth in Section 2.01(b), "2.2. The obligation of Borrower to repay to each Tranche B Commencement Date" means the later of (i) the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent and the Lenders) that Lenders permit Tranche B Loans to be borrowed hereunder, and (ii) the date specified as the proposed initial date of borrowing of Tranche B Loans in a Notice of Borrowing delivered to the Administrative Agent pursuant to Section 2.02. Notwithstanding anything to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on Lender the aggregate amount of all Tranche B Loans permitted made by such Tranche B 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 B Lender (herein called such Tranche B Lender's "Tranche B Note") in the form of Exhibit B with appropriate insertions. The amount of principal owing on any Tranche B Lender's Tranche B Note at any given time shall be borrowed from time to time, the increments for borrowing aggregate amount of all Tranche B Loans and theretofore by such Tranche B Lender made minus all payments of principal theretofore received by such Tranche B Lender on its Tranche B Note. Principal paid or prepaid on the times such Borrowings may be made hereunder and other Tranche B Notes may, subject to the terms and conditions relating to the availability of hereof, be reborrowed during the Tranche B LoansCommitment Period. Interest on each Tranche B Note shall accrue and be payable as provided herein and therein."

Tranche B Loans. Subject to the terms and conditions set forth in this Agreement, each Lender severally agrees to make Tranche B Loans to the Borrowers from time to time during the period from and including the Tranche B Commencement Date to but excluding the Commitment Termination Date; provided that, immediately after each such Tranche B Loan is made, such Lender's Outstanding Tranche B Amount shall not exceed its Tranche B Commitment. Each Borrowing of Tranche B Loans shall be borrowed from the several Lenders ratably in proportion to their respective Tranche B Commitments. The initial aggregate amount of the Tranche B Commitments of all Lenders as of the Closing Date is $10,000,000. Within the limits specified herein, the Borrowers may borrow Tranche B Loans, repay such borrowing and reborrow Tranche B Loans pursuant to the terms of this Agreement. As used in this Section 2.01(b), "Tranche B Commencement Date" means the later of (i) the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent and the Lenders) that Lenders permit Tranche B Loans to be borrowed hereunder, and (ii) the date specified as the proposed initial date of borrowing of Tranche B Loans in a Notice of Borrowing delivered to the Administrative Agent pursuant to Section 2.02. Notwithstanding anything to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on the aggregate amount of Tranche B Loans permitted to be borrowed from time to time, the increments for borrowing Tranche B Loans and the times such Borrowings may be made hereunder and other terms and conditions relating to the availability of the Tranche B Loans.

Tranche B Loans. Subject to the terms and conditions set forth in of this AgreementAgreement (including, without limitation, Section 2.13(a) and Article 6), each Tranche B Lender severally agrees to make Tranche B Loans one or more loans to the Borrowers Borrower from time to time during the period from and including the Tranche B Commencement New Advance Date to but excluding the Tranche B Commitment Termination Date; provided that, immediately after each Date up to but not exceeding the amount of such Tranche B Loan is made, such Lender's Outstanding Tranche B Amount shall not exceed its Tranche B Commitment. Each Borrowing Commitment as then in effect; provided, however, that the aggregate outstanding principal amount of the Tranche B Loans shall be borrowed from the several Lenders ratably in proportion to their respective Tranche B Commitments. Within the limits specified herein, the Borrowers may borrow Tranche B Loans, repay such borrowing and reborrow Tranche B Loans pursuant to the terms of this Agreement. As used in this Section 2.01(b), "Tranche B Commencement Date" means the later of (i) the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent and the Lenders) that Lenders permit aggregate outstanding principal amount of the Tranche B C Loans used to be borrowed hereunder, and (ii) pay Permitted Third-Party Expenses shall not at any time exceed the date specified as the proposed initial date of borrowing of Tranche B Loans in a Notice of Permitted Third-Party Expenses Borrowing delivered to the Administrative Agent pursuant to Section 2.02Base. Notwithstanding anything to the contrary contained hereinin this Agreement, Supermajority the Borrower, the Administrative Agent and the Lenders may in their sole discretionagree that, together with any consent described in as of the preceding sentenceClosing Date, prescribe additional limitations on the aggregate outstanding principal amount of the Original Tranche B Loans permitted to is $1,040,430.75, which amount shall be borrowed from time to time, the increments for borrowing deemed outstanding as Tranche B Loans and hereunder. (Such loans referred to in this Section 2.1(b) now or hereafter made or deemed made by the times such Borrowings may be made hereunder and other terms and conditions relating Tranche B Lenders to the availability Borrower, including, without limitation, such loans which remain outstanding after the Tranche B Commitment Termination Date, are hereinafter collectively called the "Tranche B Loans".) The Borrower may not reborrow the Tranche B Loans which have been repaid. The parties hereto hereby agree that, as of the Closing Date, the aggregate outstanding principal amount of the Tranche B LoansLoans is $1,040,430.75.

Tranche B Loans. Subject to the terms and conditions set forth in this Agreementhereof, each Lender severally agrees to make loans to Borrower (herein called such Lender's "Tranche B Loans to the Borrowers Loans") upon Borrower's request from time to time during the period from Tranche B Revolving Period, provided that (a) subject to Sections 3.3, 3.4 and including 3.6, all Lenders are requested to make Tranche B Loans of the same Type in accordance with their respective Percentage Shares and as part of the same Borrowing, (b) after giving effect to such Tranche B Loans, the Tranche B Commencement Date to but excluding Facility Usage does not exceed the Commitment Termination Date; provided that, immediately after each such Tranche B Loan is made, such Lender's Outstanding Tranche B Amount shall Borrowing Base (as defined in Section 2.10) and (c) the Aggregate Facility Usage does not exceed its Tranche B Commitmentthe Maximum Loan Amount. Each The aggregate amount of all Loans in any Borrowing of Tranche B Loans that are Base Rate Loans must be greater than or equal to $100,000 or must equal the remaining availability under the Tranche B Borrowing Base. The aggregate amount of all Loans in any Borrowing of Tranche B Loans that are Eurodollar Loans must be greater than or equal to $500,000 or must equal the remaining availability under the Tranche B Borrowing Base. Borrowers may have not more than three Borrowings of Tranche B Loans that are Eurodollar Loans outstanding at any time. The obligation of Borrower to repay to each Lender the aggregate amount of all Tranche B Loans made by such Lender, together with interest accruing in connection therewith, shall be borrowed from the several Lenders ratably in proportion to their respective evidenced by a single promissory note (herein called such Lender's "Tranche B CommitmentsNote") made by Borrower payable to the order of such Lender in the form of Exhibit A-2 with appropriate insertions. Within the limits specified herein, the Borrowers may borrow The amount of principal owing on any Lender's Tranche B LoansNote at any given time shall be the aggregate amount of all Tranche B Loans theretofore made by such Lender minus all payments of principal theretofore received by such Lender on such Tranche B Note. Interest on each Tranche B Note shall accrue and be due and payable as provided herein and therein. Each Tranche B Note shall be due and payable as provided herein and therein, repay such borrowing and shall be due and payable in full on the Tranche B Maturity Date. Subject to the terms and conditions hereof, Borrower may borrow, repay, and reborrow Tranche B Loans pursuant to the terms of this Agreement. As used in this Section 2.01(b), "Tranche B Commencement Date" means the later of (i) the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent and the Lenders) that Lenders permit Tranche B Loans to be borrowed hereunder, and (ii) the date specified as the proposed initial date of borrowing of Tranche B Loans in a Notice of Borrowing delivered to the Administrative Agent pursuant to Section 2.02. Notwithstanding anything to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on the aggregate amount of Tranche B Loans permitted to be borrowed from time to time, the increments for borrowing Tranche B Loans and the times such Borrowings may be made hereunder and other terms and conditions relating to the availability of the Tranche B Loans.