Common use of Revolving Commitment and Borrowing Limit Clause in Contracts

Revolving Commitment and Borrowing Limit. (a) The Revolving Loan at any time shall not exceed an amount equal to the lesser of (i) $75,000,000 (such amount, or such other amount after giving effect to any increase pursuant to the provisions of Section 1.02(d) hereof, the “Revolving Commitment”), and (ii) the Borrowing Base as of such time (the lesser of (i) and (ii) being the “Borrowing Limit”). (b) Subject to the limitations herein and of Exhibit II hereof, the Borrowers may borrow, repay (without premium or penalty) and reborrow under the Revolving Commitment from time to time during the term of this Agreement. The Revolving Loan shall not exceed, and the Lender shall not have any obligation to make any Revolving Advance which shall result in the Revolving Loan being in excess of, the Revolving Commitment. (c) If at any time the Revolving Loan exceeds the Borrowing Limit at such time, the Borrowers shall promptly, in accordance with Article III hereof, eliminate such excess by paying an amount equal to such excess until such excess is eliminated in full. (d) The Borrowers may request the Lender to increase the Revolving Commitment up to a maximum of $100,000,000 and the Lender, in its sole discretion upon any such request, may decide to increase the Revolving Commitment. Each such increase shall be in an amount equal to $5,000,000 or an integral multiple thereof and the Borrowers shall, upon the effective date of such increase, pay to the Lender a fee in an amount equal to 0.70% of any increase in the Revolving Commitment.

Revolving Commitment and Borrowing Limit. (a) The Revolving Loan at any time shall not exceed an amount equal to the lesser of (i) $75,000,000 35,000,000 (such amount, or such other amount after giving effect to any increase pursuant to the provisions of Section 1.02(d) hereof, the “"Revolving Commitment”"), and (ii) the Borrowing Base minus Accrued Amounts as of such time (the lesser of (i) and (ii) being the “"Borrowing Limit”"). (b) Subject to the limitations herein and of herein, including Exhibit II hereofhereto, the Borrowers may borrow, repay (without premium or penalty) and reborrow under the Revolving Commitment from time to time during the term of this AgreementCommitment. The Revolving Loan shall not exceedexceed at any one time outstanding, and the Lender shall not have any obligation to make any Revolving Advance which shall result in the Revolving Loan being in excess of, the Revolving CommitmentBorrowing Limit. (c) If at any time the Revolving Loan exceeds the Borrowing Limit at such time, the Borrowers shall promptly, in accordance with Article III hereof, eliminate such excess by paying an amount equal to such excess until such excess is eliminated in full. (d) The Borrowers may request the Lender Upon ten days' prior Written Notice (which shall be irrevocable) to increase the Revolving Commitment up to a maximum of $100,000,000 and the Lender, in its sole discretion upon any such request, the Borrowers may decide elect to increase decrease the Revolving Commitment. Each ; provided, that such increase decrease shall be in an amount equal to $5,000,000 or an integral multiple thereof and the Borrowers shall, upon of $1,000,000 in excess thereof. On the effective date of such increasedecrease, the Borrowers shall pay to the Lender a fee (i) the outstanding principal amount of the Revolving Loan, if any, in an amount equal excess of the Borrowing Limit (after giving effect to 0.70% of any increase the decrease in the Revolving Commitment), together with all accrued interest thereon, and (ii) the Early Termination Fee on such decreased amount.

Revolving Commitment and Borrowing Limit. (a) The aggregate unpaid principal amount of the Revolving Loan Advances outstanding at any time shall not exceed an amount equal to the lesser of (i) $75,000,000 15,000,000 (such amount, or such other greater amount after giving effect to any an increase pursuant to the provisions of Section 1.02(d) hereof, the “"Revolving Commitment”"), and (ii) the Borrowing Base as of such time (the lesser of (i) and (ii) being the “"Borrowing Limit”"). (b) Subject to the limitations herein and of Exhibit Article II hereof, the Borrowers Borrower may borrow, repay (without premium or penalty) and reborrow under the Revolving Commitment from time to time during the term of this AgreementLoan. The Revolving Loan shall not exceedexceed in aggregate principal amount at any one time outstanding, and the Lender shall not have any obligation to make any Revolving Advance which shall result in the Revolving Loan being in excess of, the Revolving Commitment. (c) If at any time the outstanding principal amount of the Revolving Loan exceeds the Borrowing Limit at such time, the Borrowers Borrower shall promptly, in accordance with Article III II hereof, eliminate such excess by paying an amount equal to such excess until such excess is eliminated in full. (d) The Borrowers Borrower may request that the Lender to increase the Revolving Commitment up to a maximum of $100,000,000 Commitment, and the Lender, in its sole discretion upon any such request, may decide to increase the Revolving Commitment, provided that the Revolving Commitment, as so increased, shall in no event exceed $20,000,000. Each such increase shall be in an amount equal to $5,000,000 1,000,000 or an integral multiple of $1,000,000 in excess thereof and the Borrowers Borrower shall, upon the effective date of such increase, pay to the Lender a fee in an amount equal to 0.701.00% of any increase in such increase. (e) The Borrower may elect to decrease the Revolving Commitment; provided, that (i) such decrease shall be in an amount equal to $1,000,000 or an integral multiple of $1,000,000 in excess thereof and the Borrower shall, upon the effective date of such decrease, pay to the Lender an amount equal to 1.25% of any such decrease, and (ii) following the delivery of such decrease request, the Borrower shall not request any increase pursuant to Section 1.02(d).

Revolving Commitment and Borrowing Limit. (a) The Revolving Loan at any time shall not exceed an amount equal to the lesser of (i) $75,000,000 25,000,000 (such amount, or such other greater or lesser amount after giving effect to any increase or decrease pursuant to the provisions of Section 1.02(d) and (e) hereof, the “Revolving Commitment”"REVOLVING COMMITMENT"), and (ii) the Borrowing Base as of such time (the lesser of (i) and (ii) being the “Borrowing Limit”"BORROWING LIMIT"). (b) Subject to the limitations herein and of Exhibit II hereof, the Borrowers Borrower may borrow, repay (without premium or penalty) and reborrow under the Revolving Commitment from time to time during the term of this AgreementCommitment. The Revolving Loan shall not exceed, and the Lender shall not have any obligation to make any Revolving Advance which shall result in the Revolving Loan being in excess of, the Revolving CommitmentBorrowing Limit. (c) If at any time the Revolving Loan exceeds the Borrowing Limit at such time, the Borrowers Borrower shall promptly, in accordance with Article III II hereof, eliminate such excess by paying an amount equal to such excess until such excess is eliminated in full. (d) The Borrowers Borrower may request the Lender to increase the Revolving Commitment by up to a maximum of $100,000,000 25,000,000 and the Lender, in its sole discretion upon any such request, may decide to increase the Revolving Commitment. Each such increase Lender shall be respond, in an amount equal to $5,000,000 or an integral multiple thereof and writing, within five (5) Business Days after the Borrowers shall, upon the effective date of such increase, pay to the Lender a fee in an amount equal to 0.70% of any increase in the Revolving Commitment.has received all

Revolving Commitment and Borrowing Limit. (a) The aggregate principal amount of Revolving Advances made by any Lender shall not at any time exceed the amount of such Lender’s Revolving Commitment. Notwithstanding the foregoing, the Revolving Loan at any time shall not exceed an amount equal to the lesser least of (i) $75,000,000 (such amount, or such other amount after giving effect to any increase pursuant to the provisions of Section 1.02(d) hereof, the “Total Revolving Commitment”), and (ii) the Borrowing Base minus Accrued Amounts as of such time time, (iii) prior to the Interim Financing Order Date, the Emergency Amount, and (iv) prior to the Final Financing Order Date, the Interim Amount (the lesser least of (i), (ii), (iii) and (iiiv) being the “Borrowing Limit”). (b) Subject to the limitations herein and of Exhibit II hereof, the Borrowers Borrower may borrow, repay (without premium or penalty) and reborrow under the Total Revolving Commitment from time to time during the term of this AgreementCommitment. The Revolving Loan shall not exceed, and the Lender Lenders shall not have any obligation to make any Revolving Advance which shall result in the Revolving Loan being in excess of, the Borrowing Limit; provided, that, the Borrower may request, and the Agent may make and maintain at its sole and absolute discretion, one or more Overadvances from time to time, so long as, following the funding of any Overadvance, the Revolving CommitmentLoan does not exceed the Overadvance Limit. (c) If at any time the Revolving Loan exceeds the Borrowing Limit at such time, the Borrowers Borrower shall promptly, in accordance with Article III hereof, eliminate such excess by paying an amount equal to such excess until such excess is eliminated in full. (d) The Borrowers may request the Lender to increase the Revolving Commitment up to a maximum of $100,000,000 and the Lender, in its sole discretion upon any such request, may decide to increase the Revolving Commitment. Each such increase shall be in an amount equal to $5,000,000 or an integral multiple thereof and the Borrowers shall, upon the effective date of such increase, pay to the Lender a fee in an amount equal to 0.70% of any increase in the Revolving Commitment.

Revolving Commitment and Borrowing Limit. (a) The Revolving Loan at any time shall not exceed an amount equal to the lesser of (i) $75,000,000 i)$40,000,000 (such amount, or such other greater or lesser amount after giving effect to any increase or decrease pursuant to the provisions of Section Sections 1.02(d) and (e) hereof, the “"Revolving Commitment”"), and (ii) the Borrowing Base minus Accrued Amounts as of such time (the lesser of (i) and (ii) being the “"Borrowing Limit”"). (b) Subject to the limitations herein and of Exhibit II hereof, the Borrowers Borrower may borrow, repay (without premium or penalty) and reborrow under the Revolving Commitment from time to time during the term of this AgreementCommitment. The Revolving Loan shall not exceed, and the Lender shall not have any obligation to make any Revolving Advance which shall result in the Revolving Loan being in excess of, the Revolving CommitmentBorrowing Limit. (c) If at any time the Revolving Loan exceeds the Borrowing Limit at such time, the Borrowers Borrower shall promptly, in accordance with Article III II hereof, eliminate such excess by paying an amount equal to such excess until such excess is eliminated in full. (d) The Borrowers Borrower may request the Lender to increase the Revolving Commitment up to a maximum of $100,000,000 65,000,000 and the Lender, in its sole discretion upon any such request, may decide to increase the Revolving Commitment. Each such increase shall be in an amount equal to $5,000,000 or an integral multiple of $1,000,000 in excess thereof and the Borrowers Borrower shall, upon the effective date of such increase, pay to the Lender a fee in an amount equal to 0.700.75% of any such increase to the Revolving Commitment. (e) Upon ten days' prior Written Notice (which shall be irrevocable) to the Lender, the Borrower may elect to decrease the Revolving Commitment; provided that such decrease shall be in an amount equal to$5,000,000 or an integral multiple of $1,000,000 in excess thereof. On the effective date of such decrease, the Borrower shall pay to the Lender (i) the outstanding principal amount of the Revolving Loan, if any, in excess of the Borrowing Limit (after giving effect to the decrease in the Revolving Commitment), together with all accrued interest thereon, and (ii) the Early Termination Fee.

Revolving Commitment and Borrowing Limit. (a) The aggregate unpaid principal amount of the Revolving Loan Advances outstanding at any time shall not exceed an amount equal to the lesser of (i) $75,000,000 5,000,000 (such amount, or such other greater amount after giving effect to any an increase pursuant to the provisions of Section 1.02(d) hereofthis Agreement, the “"Revolving Commitment”"), and (ii) the Borrowing Base as of such time (the lesser of (i) and (ii) being the “"Borrowing Limit”"). (b) Subject to the limitations herein and of Exhibit II hereofset forth herein, the Borrowers may borrow, repay (without premium or penalty) and reborrow under the Revolving Commitment from time to time during the term of this Agreement. The Revolving Loan shall not exceed, and the Lender shall not have any obligation to make any Revolving Advance which shall result in the Revolving Loan being in excess of, the Revolving CommitmentLoan. (c) If at any time the Revolving outstanding principal amount of the Loan exceeds the Borrowing Limit at such time, the Borrowers shall promptly, in accordance with Article III II hereof, eliminate such excess by paying an amount equal to such excess until such excess is eliminated in full. (d) The Authorized Representative of the Borrowers may request that the Lender to increase (but not decrease) the Revolving Commitment up to a maximum of $100,000,000 and Commitment, and, the Lender, in its sole discretion upon any such request, may decide to increase the Revolving Commitment, provided, that such request shall not be made more than twice during each calendar year; and further provided that the Revolving Commitment, as so increased, shall in no event exceed $20,000,000. Each such increase shall be in an amount equal to $5,000,000 2,500,000 or an integral multiple of $2,500,000 in excess thereof and the Borrowers shall, upon the effective date of such increase, pay to the Lender a fee in an amount equal to 0.701.50% of any increase in the Revolving Commitmentsuch increase.