Common use of U.S. Revolving Loans Clause in Contracts

U.S. Revolving Loans. Subject to and upon the terms and conditions set forth herein, each Lender severally agrees to make, at any time and from time to time on or after the Effective Date and prior to the Final Maturity Date, a revolving loan or revolving loans (each, a “US Revolving Loan” and, collectively, the “US Revolving Loans”) to the US Borrowers (on a joint and several basis), which US Revolving Loans: (i) shall be denominated in Dollars, (ii) shall, at the option of the respective Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Loans; provided that, except as otherwise specifically provided in Section 2.10(b), all US Revolving Loans comprising the same Borrowing shall at all times be of the same Type, (iii) may be repaid and reborrowed in accordance with the provisions hereof, (iv) shall not be made (and shall not be required to be made) by any Lender in any instance where the incurrence thereof (after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause the Individual Exposure of such Lender to exceed the amount of its Revolving Loan Commitment at such time and (v) shall not be made (and shall not be required to be made) by any Lender in any instance where the incurrence thereof (after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause (A) the Aggregate Exposure to exceed the Total Revolving Loan Commitment, as then in effect, (B) the Aggregate US Exposure to exceed the US Maximum Amount, as then in effect, (C) the Aggregate Exposure to exceed the Aggregate Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate) or (D) the Aggregate US Exposure to exceed the US Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate).

U.S. Revolving Loans. Subject to and upon the terms and conditions set forth herein, each Lender severally agrees to make, at any time and from time to time on or after the Effective Date and prior to the Final Maturity Date, a revolving loan or revolving loans (each, a “US Revolving Loan” and, collectively, the “US Revolving Loans”) to the US Borrowers (on a joint and several basis), which US Revolving Loans: (i) shall be denominated in Dollars, (ii) shall, at the option of the respective Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Loans; provided that, except as otherwise specifically provided in Section 2.10(b2.10(c), all US Revolving Loans comprising the same Borrowing shall at all times be of the same Type, (iii) may be repaid and reborrowed in accordance with the provisions hereof, (iv) shall not be made (and shall not be required to be made) by any Lender in any instance where the incurrence thereof (after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause the Individual Exposure of such Lender to exceed the amount of its Revolving Loan Commitment at such time and (v) shall not be made (and shall not be required to be made) by any Lender in any instance where the incurrence thereof (after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause (A) the Aggregate Exposure to exceed the Total Revolving Loan Commitment, as then in effect, (B) the Aggregate US Exposure to exceed the US Maximum Amount, as then in effect, (C) the Aggregate Exposure to exceed the Aggregate Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate) or (D) the Aggregate US Exposure to exceed the US Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate).

U.S. Revolving Loans. Subject (i) As of the date hereof, the outstanding principal balance of the Original US Revolving Loan is $14,365,870.46 (the "OUTSTANDING ORIGINAL US REVOLVING LOAN BALANCE"). On the Closing Date, shall be continued and shall convert automatically, for all purposes of this Agreement to outstanding US Revolving Credit Advances hereunder owing to the US Revolving Lenders as if such US Revolving Credit Advances had been made by the such Lenders to the US Borrowers hereunder on the Closing Date ratably in accordance with their respective Pro Rata Shares. Each US Revolving Lender agrees, severally and upon the terms and conditions set forth hereinnot jointly, each Lender severally agrees to make, at any time and make available to US Borrowers from time to time until the US Commitment Termination Date such US Revolving Lender's Pro Rata Share of advances (each a "US REVOLVING CREDIT ADVANCE") requested by Borrower Representative on or after behalf of the Effective US Borrowers hereunder. The Pro Rata Share of the US Revolving Loan of any US Revolving Lender shall not at any time exceed its separate US Revolving Loan Commitment. US Revolving Credit Advances may be repaid and reborrowed; provided, that the amount of any US Revolving Credit Advance to be made at any time shall not exceed US Borrowing Availability. All US Revolving Loans shall be advanced, denominated, and repayable in US Dollars. Notwithstanding the foregoing, upon the request of US Borrower Representative set forth in a Notice of US Revolving Credit Advance, up to US$5,000,000 in the aggregate of US Revolving Advances will be advanced to the applicable US Borrower in Euros (based on the then Exchange Rate) instead of US Dollars; provided, however, that (i) each such US Revolving Credit Advance will still be accounted for as if such US Revolving Credit Advances were made in US Dollars on the date such US Revolving Credit Advance was made and shall still be repayable in US Dollars and (ii) US Borrowers shall reimburse Agent for any currency conversion costs incurred by Agent at the time of making such US Revolving Credit Advance as a result of receiving funds from the US Revolving Lenders with respect to such US Revolving Credit Advance in US Dollars and having to convert such US Dollars into Euros at the time of making such US Revolving Credit Advance (to the extent that a US Revolving Lender as part of its normal operations regularly funds loans in Euros and providing funds in Euros to Agent for the purpose of this sentence is not disadvantageous to such US Revolving Lender, such US Revolving Lender will provide such funds to Agent in Euros so that no conversion cost is necessary). All US Revolving Loans shall be repaid in full on the US Commitment Termination Date. Each US Borrower shall execute and deliver to each US Revolving Lender a note to evidence the US Revolving Loan Commitment of that US Revolving Lender. Each note shall be in the principal amount of the US Revolving Loan Commitment of the applicable US Revolving Lender, dated the Closing Date and prior to substantially in the Final Maturity Date, form of EXHIBIT 1.1(c)(i) (each a revolving loan or revolving loans (each, a “"US Revolving Loan” REVOLVING NOTE" and, collectively, the “"US Revolving Loans”) REVOLVING NOTES"). Other than pursuant to the US Borrowers (on a joint and several basisSECTION 1.1(c)(ii), which US Revolving Loans: (i) shall be denominated in Dollars, (ii) shall, if at any time the option of the respective Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Loans; provided that, except as otherwise specifically provided in Section 2.10(b), all outstanding US Revolving Loans comprising the same Borrowing shall at all times be of the same Type, (iii) may be repaid and reborrowed in accordance with the provisions hereof, (iv) shall not be made (and shall not be required to be made) by any Lender in any instance where the incurrence thereof (after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause the Individual Exposure of such Lender to exceed the amount of its Revolving Loan Commitment at such time and (v) shall not be made (and shall not be required to be made) by any Lender in any instance where the incurrence thereof (after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause (A) the Aggregate Exposure to exceed the Total Revolving Loan Commitment, as then in effect, (B) the Aggregate US Exposure to exceed the US Maximum Amount, as then in effect, (C) the Aggregate Exposure to exceed the Aggregate Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate) or (D) the Aggregate US Exposure to exceed the US Borrowing Base (any such excess US Revolving Loans are herein referred to collectively as "US OVERADVANCES"), US Lenders shall not be obligated to make US Revolving Credit Advances, no additional US Letters of Credit shall be issued and, except as provided in SECTION 1.1(c)(ii) below, US Revolving Loans must be repaid immediately and US Letters of Credit cash collateralized in an amount sufficient to eliminate any US Overadvances. All US Overadvances shall constitute Index Rate Loans and shall bear interest at the Default Rate. US Revolving Loans which are Index Rate Loans may be requested in any amount with one (1) Business Day (or three (3) Business Days with respect to any US Revolving Loan requested to be advanced in Euros as provided above) prior written notice required for funding requests equal to or greater than US$5,000,000. For funding requests for such time Loans less than US$5,000,000, written notice must be provided by 1:00 p.m. (based New York time) on the most recently delivered Borrowing Base CertificateBusiness Day on which the Loan is to be made. All LIBOR Loans require three (3) Business Days prior written notice. Written notices for funding requests shall be in the form attached as EXHIBIT 1.1(c)(ii) ("NOTICE OF US REVOLVING CREDIT ADVANCE"). (ii) If Borrower Representative on behalf of US Borrowers requests that US Revolving Lenders make, or permit to remain outstanding any US Overadvances, Agent may, in its sole discretion, elect to make, or permit to remain outstanding such US Overadvances; PROVIDED, HOWEVER, that Agent may not cause US Revolving Lenders to make, or permit to remain outstanding, (a) aggregate US Revolving Loans in excess of the US Maximum Amount or (b) US Overadvances in an aggregate amount in excess of US$1,500,000. If a US Overadvance is made, or permitted to remain outstanding, pursuant to the preceding sentence, then all US Revolving Lenders shall be bound to make, or permit to remain outstanding, such US Overadvance based upon their Pro Rata Shares of the US Revolving Loan Commitment in accordance with the terms of this Agreement. If a US Overadvance remains outstanding for more than ninety (90) days during any one hundred eighty (180) day period, US Revolving Loans must be repaid immediately in an amount sufficient to eliminate all of such US Overadvances. Furthermore, Revolving Requisite Lenders may prospectively revoke Agent's ability to make or permit US Overadvances by written notice to Agent.

U.S. Revolving Loans. Subject to During the Revolving Facility Availability Period, each U.S. Lender severally, and upon not jointly, agrees, on the terms and conditions set forth hereinin this Agreement, each Lender severally agrees to make, at any time and make a U.S. Revolving Loan or U.S. Revolving Loans to the U.S. Borrower from time to time on or after the Effective Date and prior pursuant to the Final Maturity Date, a revolving loan or revolving loans (each, a “US such U.S. Lender’s U.S. Revolving Loan” and, collectively, the “US Revolving Loans”) to the US Borrowers (on a joint and several basis)Commitment, which US U.S. Revolving Loans: (i) shall be denominated in Dollarsmay, (ii) shallexcept as set forth herein, at the option of the respective U.S. Borrower, be incurred and maintained as, and/or converted or Converted into, U.S. Revolving Loans that are Base Rate Loans or LIBOR Loans; , in each case denominated in Dollars, provided that, except as otherwise specifically provided in Section 2.10(b), that all US U.S. Revolving Loans comprising made as part of the same U.S. Revolving Borrowing shall at all times be consist of U.S. Revolving Loans of the same Type, ; (iiiii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof, ; and (iviii) shall not be made (and shall not be required to be made) by any Lender in any instance where the incurrence thereof (if, after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause the Individual Exposure of such Lender to exceed the amount of its U.S. Revolving Loan Commitment at such time and (v) shall not be made (and shall not be required to be made) by any Lender in any instance where the incurrence thereof (after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause Loan, (A) the Aggregate U.S. Credit Facility Exposure to of any U.S. Lender would exceed the Total such U.S. Lender’s U.S. Revolving Loan Commitment, as then in effect, (B) the Aggregate US U.S. Credit Facility Exposure to would exceed the US Maximum Amount, as then in effectlesser of (1) the Total U.S. Revolving Commitment or (2) the U.S. Borrowing Base, (C) the Aggregate Credit Facility Exposure to would exceed the lesser of (1) the Total Revolving Commitment or (2) the Aggregate Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate) Base, or (D) the Aggregate US Exposure U.S. Borrower would be required to exceed the US Borrowing Base at prepay Loans or Cash Collateralize Letters of Credit pursuant to Section 2.13(b). The U.S. Revolving Loans to be made by each U.S. Lender will be made by such time (U.S. Lender on a pro rata basis based on the most recently delivered Borrowing Base Certificate)upon such U.S. Lender’s U.S. Revolving Facility Percentage of each U.S. Revolving Borrowing, in each case in accordance with Section 2.07 hereof.

U.S. Revolving Loans. Subject to From and upon after the terms and conditions set forth hereinClosing Date, each Lender with a US Revolving Loan Commitment hereby severally agrees agrees, subject to makethe limitations set forth below with respect to the maximum amount of US Revolving Loans permitted to be outstanding from time to time, at any time and to make US Revolving Loans in Dollars to Xxxxx-Xxxxxxxx or, if applicable, an Additional Domestic Subsidiary Borrower, as the case may be, from time to time during the period from and including the Closing Date to but excluding the US Revolving Loan Commitment Termination Date in an aggregate amount at any one time outstanding not exceeding its Pro Rata Share of the aggregate amount of the US Revolving Loan Commitments to be used for the purposes and subject to the limitations identified in subsection 2.5A. The amount of each US Revolving Lender’s US Revolving Loan Commitment is set forth opposite its name on or after Schedule A annexed hereto and the Effective aggregate amount of the US Revolving Loan Commitments as of the Closing Date is $300,000,000; provided, that the US Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the US Revolving Loan Commitments pursuant to subsection 10.2, shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. In no event shall the aggregate principal amount of the US Revolving Loans to Xxxxx-Xxxxxxxx and, if applicable, an Additional Domestic Subsidiary Borrower, as the case may be, from any Lender outstanding at any time exceed its US Revolving Loan Commitment then in effect. Each Lender’s US Revolving Loan Commitment shall expire on the US Revolving Loan Commitment Termination Date and prior to the Final Maturity Date, a revolving loan or revolving loans (each, a “US Revolving Loan” and, collectively, the “US Revolving Loans”) to the US Borrowers (on a joint and several basis), which US Revolving Loans: (i) shall be denominated in Dollars, (ii) shall, at the option of the respective Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Loans; provided that, except as otherwise specifically provided in Section 2.10(b), all US Revolving Loans comprising and all other amounts owed hereunder with respect to the same Borrowing US Revolving Loans and the US Revolving Loan Commitments shall at all times be of the same Type, (iiipaid in full no later than that date. Amounts borrowed under this subsection 2.1A(vii) may be repaid and reborrowed in accordance with to but excluding the provisions hereof, (iv) shall not be made (and shall not be required to be made) by any Lender in any instance where the incurrence thereof (after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause the Individual Exposure of such Lender to exceed the amount of its US Revolving Loan Commitment at such time and (v) shall not be made (and shall not be required to be made) by any Lender Termination Date. Anything contained in any instance where the incurrence thereof (after giving effect this Agreement to the use contrary notwithstanding, the US Revolving Loans and the US Revolving Loan Commitments shall be subject to the limitation that in no event shall the Total Utilization of the proceeds thereof on the date of the incurrence thereof to repay US Revolving Loan Commitments at any amounts theretofore outstanding pursuant to this Agreement) would cause (A) the Aggregate Exposure to time exceed the Total US Revolving Loan Commitment, as Commitments then in effect. US Revolving Loans made on any Funding Date shall be in an aggregate minimum amount of $5,000,000 and integral multiples of $1,000,000, (B) the Aggregate US Exposure to exceed the US Maximum Amount, as then in effect, (C) the Aggregate Exposure to exceed the Aggregate Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate) or (D) the Aggregate US Exposure to exceed the US Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate)excess of that amount.

U.S. Revolving Loans. Subject to and upon the terms and conditions set forth herein, each Lender severally agrees to make, at any time and from time to time on or after the Effective Initial Borrowing Date and prior to the Final Maturity Date, a revolving loan or revolving loans (each, a “US Revolving Loan” and, collectively, the “US Revolving Loans”) to the US Borrowers (on a joint and several basis), which US Revolving Loans: Loans (i) shall be denominated in Dollars, (ii) shall, at the option of the respective Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Loans; provided that, (A) except as otherwise specifically provided in Section 2.10(b2.10(c), all US Revolving Loans comprising the same Borrowing shall at all times be of the same TypeType and (B) unless the Administrative Agent otherwise has agreed or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), no more than two Borrowings of US Revolving Loans to be maintained as LIBOR Loans may be incurred prior to the 60th day after the Initial Borrowing Date (or, if later, the last day of the Interest Period applicable to the second Borrowing of LIBOR Loans referred to below), each of which Borrowings of LIBOR Loans may only have an Interest Period of one month, and the first of which Borrowings may only be made on, or within five Business Days after, the Initial Borrowing Date, and the second of which Borrowings may only be made on the last day of the Interest Period of the first such Borrowing, (iii) may be repaid and reborrowed in accordance with the provisions hereof, (iv) shall not be made (and shall not be required to be made) by any Lender in any instance where the incurrence thereof (after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause the Individual Exposure of such Lender to exceed the amount of its Revolving Loan Commitment at such time and (v) shall not be made (and shall not be required to be made) by any Lender in any instance where the incurrence thereof (after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause (A) the Aggregate Exposure to exceed the Total Revolving Loan Commitment, as then in effect, (B) the Aggregate US Exposure to exceed the US Maximum Amount, as then in effect, (C) the Aggregate Exposure to exceed the Aggregate Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate) ), or (D) the Aggregate US Exposure to exceed the US Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate).

U.S. Revolving Loans. (a) Subject to and upon the terms and conditions set forth hereinof this Agreement, and during the term of this Agreement, each US Revolving Lender severally agrees (severally, not jointly or jointly and severally) to makemake US Revolving Loans to US Borrowers in US Dollars in an amount which in the aggregate at any one time outstanding shall not exceed the lesser of: (i) such US Revolving Lender’s US Revolver Commitment, or (ii) such US Revolving Lender’s Pro Rata Share of an amount equal to the lesser of: (A) the amount equal to (1) the Maximum Revolver Amount less (2) the sum of (x) the US Dollar Equivalent of the aggregate principal amount of Canadian Revolving Loans and the US Dollar Equivalent of the aggregate principal amount of BA Obligations outstanding at such time, plus (y) the Letter of Credit Usage at such time, plus (z) the principal amount of Swing Loans outstanding at such time, and (B) the amount equal to (1) the US Borrowing Base as of such date (based upon the most recent Borrowing Base Certificate delivered by Administrative Borrower to Agent) less the sum of (2) the Letter of Credit Usage at such time, plus (3) the principal amount of Swing Loans outstanding at such time to or for the account of US Borrowers. (b) Amounts borrowed pursuant to this Section 2.1 may be repaid and, subject to the terms and conditions of this Agreement, reborrowed at any time and from time to time on or after during the Effective Date and prior to term of this Agreement. The outstanding principal amount of the Final Maturity Date, a revolving loan or revolving loans (each, a “US Revolving Loan” and, collectively, the “US Revolving Loans”) , together with interest accrued and unpaid thereon, shall constitute US Obligations and shall be due and payable on the Maturity Date or, if earlier, on the date on which they are declared due and payable pursuant to the US Borrowers terms of this Agreement. (on a joint and several basisc) Anything to the contrary in this Section 2.1 notwithstanding, Agent shall have the right (but not the obligation), which US Revolving Loans: in the exercise of its Permitted Discretion, to establish, increase, decrease, reduce, eliminate, or otherwise adjust Reserves and (iwithout duplication) Receivable Reserves, Inventory Reserves, Bank Product Reserves, and other Reserves against the Borrowing Base or the Maximum Revolver Amount. The amount of any Receivable Reserve, Inventory Reserve, Bank Product Reserve, or other Reserve established by Agent shall be denominated in Dollarshave a reasonable relationship to the event, (ii) shallcondition, at other circumstance, or fact that is the option of the respective Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Loans; provided that, except as otherwise specifically provided in Section 2.10(b), all US Revolving Loans comprising the same Borrowing shall at all times be of the same Type, (iii) may be repaid and reborrowed in accordance with the provisions hereof, (iv) shall not be made (basis for such Reserve and shall not be required duplicative of any other Reserve established and currently maintained. Agent will provide notice to be madeAdministrative Borrower three (3) by any Lender in any instance where the incurrence thereof (after giving effect Business Days prior to the use establishment of or increase or decrease in Reserves, except that, Agent shall have the proceeds thereof on right to establish or increase a Reserve without such notice to Administrative Borrower in response to the date occurrence of the incurrence an Event of Default and shall provide notice thereof to repay any amounts theretofore outstanding pursuant Administrative Borrower as soon as practicable thereafter. Upon establishment or increase in Reserve, Agent agrees to this Agreement) would cause make itself available to discuss the Individual Exposure of Reserve or increase, and US Borrowers may take such Lender action as may be required so that the event, condition, circumstance, or fact that is the basis for such Reserve or increase no longer exists, in a manner and to exceed the amount extent reasonably satisfactory to Agent in the exercise of its Revolving Loan Commitment at Permitted Discretion. In no event shall such time and (v) opportunity limit the right of Agent to establish or change such Receivable Reserve, Inventory Reserve, Bank Product Reserve, or other Reserves, unless Agent shall not be made (and shall not be required to be made) have determined, in its Permitted Discretion, that the event, condition, other circumstance, or fact that was the basis for such Receivable Reserve, Inventory Reserve, Bank Product Reserve, or other Reserves or such change no longer exists or has otherwise been adequately addressed by any Lender in any instance where the incurrence thereof (after giving effect to the use of the proceeds thereof on the date of the incurrence thereof to repay any amounts theretofore outstanding pursuant to this Agreement) would cause (A) the Aggregate Exposure to exceed the Total Revolving Loan Commitment, as then in effect, (B) the Aggregate US Exposure to exceed the US Maximum Amount, as then in effect, (C) the Aggregate Exposure to exceed the Aggregate Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate) or (D) the Aggregate US Exposure to exceed the US Borrowing Base at such time (based on the most recently delivered Borrowing Base Certificate)Borrowers.