Common use of Reallocation of Revolving Credit Exposure Clause in Contracts

Reallocation of Revolving Credit Exposure. On the Agreement Effective Date, each of the Existing Lenders (including the Exiting Lender, but, for the avoidance of doubt, excluding the New Lenders) under the Credit Agreement hereby sells, assigns, transfers and conveys to the Lenders hereunder (including the New Lenders, but, for the avoidance of doubt, excluding the Exiting Lender), and each of the Lenders (including the New Lenders, but, for the avoidance of doubt, excluding the Exiting Lender) hereby purchases and accepts so much of the aggregate Commitments under, and Loans and participations in Letters of Credit outstanding under, the Credit Agreement such that, immediately after giving effect to this Agreement, including the amendments to the Credit Agreement set forth in Section 4 hereof, the relevant Commitments of each Lender (including the New Lenders, but, for the avoidance of doubt, excluding the Exiting Lender) shall be as set forth on Annex I hereto (it being understood that (i) if any Letters of Credit are outstanding under the Credit Agreement as of the Agreement Effective Date, then each of the Lenders (including the New Lenders, but, for the avoidance of doubt, excluding the Exiting Lender) shall have purchased and accepted from the Existing Lenders (including the Exiting Lender, but, for the avoidance of doubt, excluding the New Lenders), a participation in such outstanding Letters of Credit based on its respective Applicable Percentage as reflected on Annex I hereto and (ii) any other adjustments shall be made as the Administrative Agent shall specify so that the Revolving Credit Exposure applicable to each Lender (including the New Lenders, but, for the avoidance of doubt, excluding the Exiting Lender) equals its Applicable Percentage (after giving effect to this Agreement) of the aggregate Revolving Credit Exposure of all Lenders (including the New Lenders, but, for the avoidance of doubt, excluding the Exiting Lender). The foregoing assignments, transfers and conveyances are without recourse to any Existing Lender (including the Exiting Lender, but, for the avoidance of doubt, excluding the New Lenders) and without any warranties whatsoever by the Administrative Agent or any Existing Lender (including the Exiting Lender, but, for the avoidance of doubt, excluding the New Lenders) as to title, enforceability, collectability, documentation or freedom from liens or encumbrances, in whole or in part, other than that the warranty of any such Existing Lender (including the Exiting Lender, but, for the avoidance of doubt, excluding the New Lenders) that it has not previously sold, transferred, conveyed or encumbered such interests. Each Lender hereby waives any costs required to be paid by the Borrower pursuant to Section 5.02 of the Credit Agreement solely as a result of the assignments set forth in this Section 2(c).

Reallocation of Revolving Credit Exposure. On the Agreement Sixth Amendment Effective Date, each of the Existing Lenders (including the Exiting Lender, but, for the avoidance of doubt, excluding the New LendersLender) under the Credit Agreement hereby sells, assigns, transfers and conveys to the Lenders hereunder (including the New LendersLender, but, for the avoidance of doubt, excluding the Exiting Lender), and each of the Lenders (including the New LendersLender, but, for the avoidance of doubt, excluding the Exiting Lender) hereby purchases and accepts so much of the aggregate Commitments under, and Loans and participations in Letters of Credit outstanding under, the Credit Agreement such that, immediately after giving effect to this AgreementAmendment, including the amendments to the Credit Agreement set forth in Section 4 and Section 5 hereof, the relevant Commitments of each Lender (including the New LendersLender, but, for the avoidance of doubt, excluding the Exiting Lender) shall be as set forth on Annex I hereto (it being understood that (i) if any Letters of Credit are outstanding under the Credit Agreement as of the Agreement Sixth Amendment Effective Date, then each of the Lenders (including the New LendersLender, but, for the avoidance of doubt, excluding the Exiting Lender) shall have purchased and accepted from the Existing Lenders (including the Exiting Lender, but, for the avoidance of doubt, excluding the New LendersLender), a participation in such outstanding Letters of Credit based on its respective Applicable Percentage as reflected on Annex I hereto and (ii) any other adjustments shall be made as the Administrative Agent shall specify so that the Revolving Credit Exposure applicable to each Lender (including the New LendersLender, but, for the avoidance of doubt, excluding the Exiting Lender) equals its Applicable Percentage (after giving effect to this AgreementAmendment) of the aggregate Revolving Credit Exposure of all Lenders (including the New LendersLender, but, for the avoidance of doubt, excluding the Exiting Lender). The foregoing assignments, transfers and conveyances are without recourse to any Existing Lender (including the Exiting Lender, but, for the avoidance of doubt, excluding the New LendersLender) and without any warranties whatsoever by the Administrative Agent or any Existing Lender (including the Exiting Lender, but, for the avoidance of doubt, excluding the New LendersLender) as to title, enforceability, collectability, documentation or freedom from liens or encumbrances, in whole or in part, other than that the warranty of any such Existing Lender (including the Exiting Lender, but, for the avoidance of doubt, excluding the New LendersLender) that it has not previously sold, transferred, conveyed or encumbered such interests. Each Lender hereby waives any costs required to be paid by the Borrower pursuant to Section 5.02 of the Credit Agreement solely as a result of the assignments set forth in this Section 2(c).