Common use of Commitments to Make Loans Clause in Contracts

Commitments to Make Loans. (a) The Bank hereby agrees, on the terms and conditions set forth herein, to make the Tranche A Loan to the Borrower on the Closing Date in the amount of the Tranche A Commitment. Upon funding the Tranche A Loan, the Tranche A Commitment shall terminate and the Bank shall have no obligation to make further advances thereunder. (b) The Bank hereby agrees, on the terms and conditions set forth herein, to make the Tranche B Loan to the Borrower on the Closing Date or within 1 year thereafter upon receipt of a Notice of Borrowing from the Borrower, in an amount equal to the lesser of (i) the Tranche B Commitment, or (ii) so much of the Tranche B Commitment as is required to repay the indebtedness of the Borrower to ▇▇▇▇▇ Enterprises, Inc. in its entirety (the proceeds of which will, in turn, be used by ▇▇▇▇▇ Enterprises, Inc. to repay any and all indebtedness, liabilities and obligations of ▇▇▇▇▇ Enterprises, Inc. to INTERREDIC). If the Borrower fails to deliver a Notice of Borrowing requesting that the Tranche B Loan be made on the Closing Date or within 1 year after the Closing Date, the Tranche B Commitment shall terminate and the Bank shall have no obligation to make an advance thereunder. Upon funding of the Tranche B Loan (in an amount equal to or less than the Tranche B Commitment), the Tranche B Commitment shall terminate and the Bank shall have no obligation to make further advances thereunder.

Commitments to Make Loans. (a) The Bank hereby agrees, on Upon the terms and subject to the conditions set forth herein, each Lender with a Tranche A Commitment agrees to make the a loan (each, a “Tranche A Loan Loan”) to the Borrower on the Closing Borrowing Date in a principal amount equal to its pro rata portion (in accordance with the respective Tranche A Commitments of all Lenders as of the Borrowing Date) of the Dollar amount of such Tranche A Borrowing set forth in the Notice of Borrowing; provided that the principal amount of Tranche A Loans made by any Lender hereunder shall not exceed the amount of the such Lender’s Tranche A Commitment. Upon funding the Tranche A Loan, the Tranche A Commitment shall terminate and the Bank shall have no obligation to make further advances thereunder. (b) The Bank hereby agrees, on Upon the terms and subject to the conditions set forth herein, each Lender with a Tranche B Commitment agrees to make a loan (each, a “Tranche B Loan”, and collectively, together with the Tranche B Loan A Loans, the “Loans”) to the Borrower on the Closing Borrowing Date or within 1 year thereafter upon receipt of in a Notice of Borrowing from the Borrower, in an principal amount equal to its pro rata portion (in accordance with the lesser of (i) the respective Tranche B Commitment, or (iiCommitments of all Lenders as of the Borrowing Date) so much of the Dollar amount of the Tranche B Commitment as is required to repay Borrowing set forth in the indebtedness of the Borrower to ▇▇▇▇▇ Enterprises, Inc. in its entirety (the proceeds of which will, in turn, be used by ▇▇▇▇▇ Enterprises, Inc. to repay any and all indebtedness, liabilities and obligations of ▇▇▇▇▇ Enterprises, Inc. to INTERREDIC). If the Borrower fails to deliver a Notice of Borrowing requesting Borrowing; provided that the principal amount of Tranche B Loan be Loans made on by any Lender shall not exceed the Closing Date or within 1 year after the Closing Date, the Tranche B Commitment shall terminate and the Bank shall have no obligation to make an advance thereunder. Upon funding amount of the Tranche B Loan (in an amount equal to or less than the such Lender’s Tranche B Commitment. (c) Amounts repaid in respect of Loans may not be reborrowed. All Loans shall be funded in Dollars, as more fully set forth in Section 2.02(a). The Commitments of the Lenders are several, i.e., the Tranche B Commitment shall terminate and the Bank shall have no obligation failure of any Lender to make further advances thereunderany Loan required to be made by it shall not relieve any other Lender of its obligations hereunder, and no Lender shall be responsible for any other Lender’s failure to make Loans as and when required hereunder.

Commitments to Make Loans. (a) The Bank hereby agrees, on Subject to the terms and conditions set forth hereinof this Credit Agreement, each Lender severally agrees to make the Tranche A Loan loans (“Revolving Credit Loans”) to the Borrower on from time to time from the Closing Effective Date through the Availability Termination Date as requested by the Borrower in accordance with the terms of Section 2.2 hereof; provided, that (a) the aggregate principal amount of all outstanding Revolving Credit Loans (after giving effect to any amount requested) plus all outstanding Swing Line Loans shall not exceed the Tranche A Commitment. Upon funding lesser of (A) the Tranche A LoanAggregate Commitments and (B) the Borrowing Base at such time, at all times when the Tranche A Commitment shall terminate Consolidated EBIT to Consolidated Cash Interest Expense Ratio is less than 1.50:1.00, reduced by the Termination Value of the Obligations under Specified Hedging Agreements; and the Bank shall have no obligation to make further advances thereunder. (b) The Bank hereby agrees, on the terms and conditions set forth herein, to make the Tranche B Loan to the Borrower on the Closing Date or within 1 year thereafter upon receipt of a Notice of Borrowing from the Borrower, in an amount equal to the lesser sum of (i) the Tranche B Commitment, or principal amount of outstanding Revolving Credit Loans (after giving effect to any amount requested) from any Lender to the Borrower plus (ii) so much the product of (x) such Lender’s Commitment Percentage multiplied by (y) the aggregate outstanding Swing Line Loans, shall not at any time exceed such Lender’s Commitment as set forth on Schedule 1 hereto. Each Revolving Credit Loan by a Lender shall be in a principal amount equal to such Lender’s Commitment Percentage of the Tranche B Commitment as is required aggregate principal amount of Revolving Credit Loans requested on such occasion. Subject to repay the indebtedness of terms and conditions hereof, the Borrower to ▇▇▇▇▇ Enterprisesmay borrow, Inc. in its entirety (repay and reborrow Revolving Credit Loans hereunder until the proceeds of which willAvailability Termination Date. Revolving Credit Loans may be Base Rate Loans or LIBOR Rate Loans, in turnas further provided herein; provided, be used by ▇▇▇▇▇ Enterpriseshowever, Inc. to repay any and all indebtedness, liabilities and obligations of ▇▇▇▇▇ Enterprises, Inc. to INTERREDIC). If the Borrower fails to deliver a Notice of Borrowing requesting that the Tranche B Loan be Revolving Credit Loans made on the Closing Effective Date or within 1 year after any of the Closing Date, three (3) Business Days following the Tranche B Commitment Effective Date shall terminate and be made as Base Rate Loans unless the Bank shall have no obligation Borrower delivers a Funding Indemnity Letter not less than three (3) Business Days prior to make an advance thereunder. Upon the date of funding of the Tranche B Loan (in an amount equal to or less than the Tranche B Commitment), the Tranche B Commitment shall terminate and the Bank shall have no obligation to make further advances thereundersuch Revolving Credit Loan.