sixty 61 Inside the Witness WHEREOF, brand new activities hereto possess caused which Contract getting conducted once the throughout the day and 12 months very first above-written.

2 step 3 (2) The fresh Aggregate Enough time Borrowing limit with no aggregate money amount of Tranche An obligations, Tranche B Funds and you can Tranche C Funds a good and you can unrepaid installment loans online in Rhode Island L/C Pictures (including most of the Loans outstanding also the Loans is funded into the Effective Time however, excluding all the particularly Money and is paid by the Money expected to be funded on Productive Date); and

(4) One allegation that one request, declaration or other file presented underneath the Letter away from Borrowing try forged, fake, incorrect otherwise shortage of in any way, or one people declaration therein is not true otherwise wrong in almost any admiration anyway or you to variations in punctuation, capitalization, spelling otherwise structure was part of the drafts otherwise people statements showed regarding the one L/C Drawing;

(3) The newest Collateral Worth of this new Factory Borrowing Base and one Extra Dollars Security held by Management Representative, without the amount of:

(3) The newest aggregate principal amount of all of the Quote Finance expected become funded on such as for example time, which matter are going to be not less than $5,000, otherwise increments from $step 1,000, excessively thereof; and you will

5(e) Computation and you will Commission interesting on the Quote Fund. Focus to the Quote Finance would be computed within costs dependent pursuant towards the associated Bid Financing Render and you will are going to be payable because offered within the Part six(b) less than.

10 11 Organization shall be deemed having decided on to alter the fresh new affected Eurodollar Mortgage to help you a good Provided Finance Price Financing towards history day of the appropriate Notice Period.

If such as Bank shall pay-off into Administrative Agent such as for example involved amount, for example count very paid will compensate instance Lender’s applicable Percentage Express of these Loan or Money otherwise Quote Funds for everybody objectives regarding the Arrangement since brand new big date including count is established offered to the business

6(h) Prepayment Premium. Together with virtually any commission debt hereunder, though: (1) people Eurodollar Loan or Bid Financing try prepaid service prior to the history day’s the applicable Appeal Several months otherwise Bid Mortgage Interest Period, while the relevant, whether or not adopting the a voluntary prepayment, compulsory prepayment, application of arises from brand new product sales away from Equity or else, otherwise (2) the firm will don’t continue or even to build a conversion so you’re able to an excellent Eurodollar Financing adopting the Organization has given notice thereof since the provided into the Paragraph six(c) over, then Business should instantly pay on Loan providers holding the Finance prepaid service or perhaps not proceeded or converted, from Administrative Broker, a supplementary premium share compensating for every Bank to have losses, costs and you can expenses sustained by instance Bank concerning the such as for instance prepayment.

13 fourteen (2) In order to NationsBanc Montgomery Ties LLC and you may NationsBank, correspondingly, the fresh “Framework and you can Arrangement Fee” in addition to “Management Institution Fee,” described where certain Commission Letter dated ong the organization and you can said people, including charges as payable on Active Go out and you will instance most other fees because the can get sporadically end up being agreed of the the business and you will sometimes of these Persons in writing.

(3) Unless the new Administrative Representative should have received find away from a lender just before a recommended financing due date you to such Lender cannot make available to the new Administrative Representative instance Lender’s portion of the recommended Loan otherwise Finance, the latest Administrative Representative could possibly get believe that such as Bank has made such portion on new recommended resource big date according to which Paragraph 7(b) and also the Administrative Broker get, during the dependence on such as for instance expectation, make available to the organization towards the eg go out a matching amount. In the event the and to the new the amount such as Bank should not have thus generated for example section readily available, like Financial in addition to Organization as one and you may severally invest in pay off on Administrative Broker forthwith to your request such relevant number to each other with interest thereon, for each and every day regarding time instance count is done available for the Team till the date such amount try reduced so you’re able to the fresh new Management Broker, when it comes to the firm during the interest applicable during the time toward topic Loan or Funds, as well as in the truth of such Lender at the Active Fed Funds Rate. The brand new inability of every Bank to help make the advances as produced by it section of any borrowing from the bank shall not relieve another Financial of the obligation hereunder to progress their relevant Commission Display or, when it comes to Quote Loans, the total amount thereof, however, zero Financial are responsible for the failure of every other Bank and then make such improve.

(1) Meant for its obligations to settle Tranche A committed Finance, Tranche C Financing, Quote Fund and you will L/C Pictures, the organization should result in the Security Worth of the new Warehouse Borrowing from the bank Ft plus one Supplemental Cash Collateral stored because of the Administrative Representative become no less than, at any go out, the sum:

(1) The firm may prepay Productive Fed Fund Speed Financing entirely or in region when together with Providers can get prepay Eurodollar Fund and you may Bid Fund entirely or in area up on three Company Days’ find on Management Broker.

8(b) Reaffirmation away from Guaranty. Once the support on the Loans of Organization not as much as (and as the phrase “Obligations” is scheduled from inside the) current Borrowing Agreement, this new Parent performed and you can brought to the new Administrative Agent while the Lenders that one Borrowing from the bank Guaranty old as of concluded, reaffirmed, extended or replaced from time to time, the fresh “Guaranty”). To the otherwise until the Active Time, the Warranty can be reaffirmed having an excellent reaffirmation about means of these connected hereto just like the Display C (this new “Reaffirmation off Warranty”).

The organization understands one eg loss, will cost you and you may expenditures are hard to assess which, regarding new prepayment off otherwise inability to continue otherwise become a great Eurodollar Financing, another formula signifies a fair and sensible guess of such loss, can cost you and expenditures:

(2) Most of the acts and you will conditions precedent (in addition to, instead of limitation, the getting of any required regulating approvals while the and make from people necessary filings, recordings otherwise registrations) required to be done and did in order to has actually took place earlier towards delivery, delivery and performance of one’s Mortgage Files in order to make up the newest same legal, appropriate and you will binding financial obligation, enforceable prior to their particular conditions, should was in fact done and you may performed and you may will provides happened during the owed and tight compliance along with appropriate legislation.

10(n) Consents, an such like. Zero consent, approval or authorization off, or membership, statement otherwise processing that have, any individual is required on the behalf of the company or the Mother about the this new delivery and you can delivery of Mortgage Data files and/or borrowing or any other expansion of borrowing hereunder (besides filings to perfect this new Liens offered by Organization pursuant with the Shelter Agreement) and/or abilities of otherwise conformity for the terms and conditions, conditions and conditions hereof or thereof.

(i) If the for example Candidate Financial institution try suggested to own introduction as an excellent Lender hereunder because of the an existing Financial, the last created agree out of