sixty 61 Within the Witness WHEREOF, the newest parties hereto have caused that it Agreement to get performed because the of the day and you will 12 months basic above written.

dos step three (2) This new Aggregate The time Credit limit without the aggregate buck amount of Tranche A debt, Tranche B Loans and you can Tranche C Fund the and you will unrepaid L/C Pictures (along with all the Fund a great also the Finance to get financed towards the the Energetic Big date but leaving out the for example Financing and is paid back of the Loans requested getting financed with the Effective Date); and you will

(4) People allegation that any demand, report and other file displayed under the Page off Credit was forged, deceptive, invalid or shortage of in any way, or you to definitely any report therein was not the case otherwise wrong in every regard anyway otherwise you to definitely differences in punctuation, capitalization, spelling otherwise format was included in the drafts or people comments showed to the any L/C Drawing;

(3) The latest Equity Value of the new Facility Credit Feet together with people Supplemental Cash Collateral kept by the Administrative Representative, with no sum of:

(3) New aggregate dominant amount of all Bid Money requested to be financed toward such as for instance big date, and this number should be for around $5,000, or increments of $1,000, excessively thereof; and

5(e) Formula and Fee of great interest towards the online payday loan Tennessee Quote Fund. Desire to the Bid Fund can be determined on costs mainly based pursuant towards the associated Quote Mortgage Offer and you will might be payable as given when you look at the Section 6(b) lower than.

10 11 Providers would be deemed getting decided to go with to alter the brand new inspired Eurodollar Mortgage to good Fed Financing Price Loan to the last day’s the relevant Desire Period.

If the eg Lender will pay back toward Administrative Agent particularly related count, for example amount therefore reduced shall make up such as Lender’s applicable Payment Show of such Loan otherwise Fund otherwise Bid Funds for all purposes of Agreement by new time eg amount is made accessible to the firm

6(h) Prepayment Advanced. Along with any kind of payment financial obligation hereunder, in the event: (1) any Eurodollar Loan otherwise Quote Mortgage try prepaid service prior to the last day of this new appropriate Desire Several months otherwise Quote Loan Attract Period, because the appropriate, whether or not following a volunteer prepayment, mandatory prepayment, applying of proceeds from the newest profit out of Collateral otherwise, or (2) the business shall neglect to keep or perhaps to make a sales to a beneficial Eurodollar Loan pursuing the Business has given find thereof because provided within the Paragraph 6(c) more than, then your Providers will instantaneously shell out toward Loan providers carrying the latest Money prepaid service or perhaps not went on or converted, from the Management Agent, an extra superior share compensating for every single Financial getting loss, costs and expenditures sustained of the such as for example Bank concerning for example prepayment.

thirteen fourteen (2) In order to NationsBanc Montgomery Bonds LLC and you may NationsBank, respectively, new “Framework and Arrangement Percentage” therefore the “Management Institution Payment,” known because certain Percentage Page dated ong the organization and said functions, such charge become payable into Productive Time and you may such as most other charges because will get from time to time getting decided by the organization and you can sometimes of such Persons on paper.

(3) Unless the newest Administrative Representative should have received notice out of a lender just before a proposed money due date you to definitely for example Financial does not provide to brand new Management Broker such Lender’s portion of the proposed Loan or Financing, the newest Management Representative can get assume that like Lender makes for example part available on brand new suggested financial support date prior to this Paragraph seven(b) and also the Management Representative may, from inside the dependence on like presumption, make available to the company on instance day a corresponding amount. In the event that also to the the quantity such as Financial should not have thus produced such as bit readily available, instance Financial in addition to Organization together and severally commit to pay back toward Management Broker forthwith towards the demand such as for example corresponding number to one another with notice on that, for every date on go out like count is created available on the Organization before time such as for instance matter was reduced to the fresh Management Agent, when it comes to the business at the interest rate applicable at that time into the topic Financing or Financing, plus in the situation of such Lender at Active Given Finance Rates. The incapacity of any Bank to help make the advances as from it part of one borrowing should perhaps not relieve virtually any Bank of its duty hereunder to succeed the applicable Fee Express or, when it comes to Quote Financing, the amount thereof, however, zero Financial might be responsible for the fresh new failure of any almost every other Bank making any such improve.

(1) In support of the responsibility to repay Tranche A committed Money, Tranche C Financing, Quote Money and you can L/C Illustrations, the company should result in the Guarantee Value of the newest Factory Borrowing Foot and additionally any Extra Bucks Equity kept by the Administrative Representative becoming for around, at any time, the sum of:

(1) The firm could possibly get prepay Productive Given Financing Rate Loans in whole or even in part any moment and also the Providers get prepay Eurodollar Finance and Bid Fund entirely or perhaps in part upon about three Providers Days’ observe towards the Administrative Representative.

8(b) Reaffirmation from Warranty. Since the service into the Financial obligation of Company not as much as (so when the phrase “Obligations” is set into the) the present Credit Agreement, the latest Mother carried out and you will brought to the latest Management Broker plus the Lenders this 1 Borrowing Warranty old as of concluded, reaffirmed, longer otherwise replaced from time to time, the new “Guaranty”). Toward otherwise before Productive Date, the fresh Guaranty can be reaffirmed with an effective reaffirmation in the function of these connected hereto once the Display C (the “Reaffirmation away from Guaranty”).

The organization acknowledges one to for example loss, will set you back and costs are difficult to measure and that, regarding the new prepayment from otherwise incapacity to keep otherwise convert to a great Eurodollar Financing, the next formula means a reasonable and practical estimate of such loss, will set you back and you will expenses:

(2) All the serves and you can standards precedent (plus, without limitation, the fresh new getting of any required regulating approvals in addition to making regarding any required filings, tracks or registrations) required to be performed and you may did and keeps occurred earlier into the performance, beginning and gratification of your own Financing Records in order to form the latest same courtroom, good and joining loans, enforceable in line with the particular conditions, will was basically over and performed and you may shall has actually took place when you look at the due and strict conformity along with appropriate regulations.

10(n) Consents, an such like. No concur, recognition or consent out-of, otherwise membership, statement or processing having, people will become necessary on the behalf of the firm otherwise the Mother to the the latest execution and you may birth of the Financing Files or even the borrowing or any other extension regarding borrowing hereunder (other than filings to learn the new Liens supplied because of the Team pursuant on Protection Arrangement) and/or abilities out of otherwise compliance with the terms and conditions, conditions and you can conditions hereof or thereof.

(i) If such Applicant Financial institution was proposed for introduction because an excellent Financial hereunder because of the an existing Lender, the last created concur from