60 61 Into the Witness WHEREOF, the brand new events hereto possess caused that it Agreement to get conducted once the throughout the day and seasons earliest above-written.

2 step 3 (2) The latest Aggregate Committed Credit limit with no aggregate money quantity of Tranche A personal debt, Tranche B Loans and you can Tranche C Loans a great and you will unrepaid L/C Illustrations (plus most of the Loans the plus most of the Money becoming funded to the the latest Productive Date but excluding all of the for example Financing which is paid because of the Loans requested to be financed towards the Energetic Day); and

(4) People allegation you to one demand, report or other document showed under the Letter regarding Borrowing was forged, deceptive, incorrect otherwise decreased whatsoever, or that any report therein try false otherwise incorrect in just about any respect anyway or one differences in punctuation, capitalization, spelling or structure was indeed part of the drafts or one statements exhibited in connection with any L/C Drawing;

(3) The fresh Security Worth of the fresh Facility Borrowing from the bank Base in addition to any Supplemental Dollars Security kept by Administrative Broker, without amount of:

(3) New aggregate dominant number of the Bid Loans requested are funded on the such as for example date, and this number will likely be for around $5,000, or increments off $step one,000, excessively thereof; and you will

5(e) Calculation and you will Commission of interest on the Quote Finance. Notice to your Bid Fund shall be computed within costs built pursuant towards the relevant Bid Financing Provide and you will is going to be payable due to the fact provided in Paragraph 6(b) lower than.

10 11 Organization is going to be deemed to own picked to transform the fresh influenced Eurodollar Loan to help you an effective Given Finance Price Financing toward last day’s the relevant Interest Period.

In the event that such as for example Financial should pay off towards Management Representative instance corresponding matter, such as for instance matter very repaid will make up particularly Lender’s applicable Percentage Express of such Mortgage otherwise Loans or Quote Funds for all motives of this Agreement by the go out including matter is established offered to the company

6(h) Prepayment Advanced. Together with almost every other fee debt hereunder, though: (1) any Eurodollar Financing otherwise Bid Mortgage try prepaid prior to the history day’s the fresh new appropriate Notice Period otherwise Quote Financing Interest Period, because applicable, if or not after the a volunteer prepayment, necessary prepayment, application of arises from the new profit away from Guarantee or otherwise, otherwise (2) the company should neglect to keep or even to create a sales so you can a good Eurodollar Financing pursuing the Providers gave find thereof due to the fact provided into the Part six(c) above, then Organization should instantaneously shell out towards Lenders carrying brand new Money prepaid service or not continued or converted, from the Management Broker, an extra advanced share compensating for each and every Bank getting losings, will set you back and expenses obtain by such Lender concerning such as prepayment.

thirteen fourteen (2) So you can NationsBanc Montgomery Bonds LLC and you will NationsBank, respectively, brand new “Construction and you can Plan Fee” plus the “Administrative Department Commission,” known in this certain Percentage Page old ong the business and you can said people, such as for instance charges is payable for the Energetic Day and you can including other fees once the can get from time to time end up being agreed of the the organization and you can sometimes of these Persons on paper.

(3) Unless the fresh Administrative Agent shall have obtained see from a loan provider just before a proposed financial support deadline one to including Bank cannot provide to the brand new Management Broker like Lender’s portion of the suggested Loan otherwise Financing, this new Administrative Agent could possibly get assume that such as Bank has made for example piece available on the brand new suggested funding day according to it Part 7(b) while the Management Representative will get, inside the reliance on including assumption, make available to the firm on the such as for example big date a matching number. If and the fresh the amount eg Financial will n’t have so made such as for instance piece readily available, such as for example Lender additionally the Team as one and you may severally commit to pay-off towards the Administrative Broker forthwith towards the consult such as for instance involved number together which have attention thereon, each day regarding day including amount is established available to your Organization through to the go out like number is actually paid off so you can the fresh new Management Representative, regarding the organization within interest rate relevant at the time for the topic Financing or Finance, and also in possible of such Bank during the Active Given Financing Rates. The inability of every Lender to really make the enhances become produced by it as element of one credit will maybe not lightens all other Lender of the obligations hereunder to progress the relevant Commission Show or, regarding Bid Finance, the quantity thereof, but zero Financial will be responsible for the latest inability of every most other Financial and make such progress.

(1) To get its obligations to settle Tranche A committed Money, Tranche C Finance, Quote Loans and you can L/C Pictures, the company will cause the Equity Value of the new Facility Borrowing Ft and any Extra Dollars Guarantee kept because of the Administrative Representative getting not less than, any kind of time time, the sum of:

(1) The firm may prepay Energetic Provided Fund Rates Finance entirely or even in area when in addition to Providers can get prepay Eurodollar Financing and you may Bid Finance entirely or in part up on three Business Days’ notice towards the Administrative Broker.

8(b) Reaffirmation away from Guarantee. Just like the help with the Personal debt of your own Providers significantly less than (and as the word “Obligations” is scheduled inside the) the existing Credit Contract, the brand new Mother carried out and you can taken to new Administrative Agent and also the Lenders this 1 Credit Warranty dated at the time of ended, reaffirmed, extended or replaced from time to time, the new “Guaranty”). On or till the Energetic Go out, new Warranty is reaffirmed having a beneficial reaffirmation on setting of that attached hereto because Exhibit C (the newest “Reaffirmation from Guarantee”).

The business understands you to definitely such losings, will cost you and you may costs are hard to assess and that, when it comes to the brand new prepayment off or failure to carry on otherwise convert to a good Eurodollar Financing, the following algorithm means a fair and you can realistic imagine of such losings, costs and you can expenses:

(2) All the serves and you may criteria precedent (along with, instead restriction, brand new acquiring of every required regulating approvals and also the to make away from people requisite filings, recordings otherwise registrations) expected to be performed and you will did and to possess occurred early in the day with the delivery, birth and gratification of your Loan Files and to make-up new same court, valid and you will binding personal debt, enforceable according to its particular terms and conditions, should was in fact over and you will did and you can shall has actually took place from inside the due and you will tight conformity with all appropriate regulations.

10(n) Consents, an such like. No concur, acceptance or consent from, otherwise subscription, declaration otherwise submitting that have, people will become necessary on behalf of the organization otherwise the Parent to the the latest delivery and birth of the Mortgage Files or perhaps the borrowing or any other extension out of borrowing from the bank hereunder (except that filings to perfect new Liens granted by Providers pursuant with the Coverage Agreement) and/or results away from or compliance with the words, terms and you may requirements hereof otherwise thereof.

(i) If such Applicant Standard bank vacation loans was advised for inclusion as an effective Financial hereunder because of the a current Bank, the last written agree regarding