principal
amount at any one time outstanding up to (but not exceeding) the amount, if any,
set forth opposite such U.S. Lender's name on the signature pages hereof under
the caption "U.S. Commitment", or otherwise provided for in an Assignment and
Acceptance (as the same may be increased or reduced from time to time pursuant
to Section 2.4 hereof).
U.S. Land Data Library means all seismic data 100% owned by U.S. Borrower and
each Domestic Subsidiary which seismic data was acquired onshore within the
continental U.S. and Alaska.
U.S. Lender means each Lender party hereto with any U.S. Commitment or any
outstanding U.S. Obligations.
U.S. Letters of Credit shall have the meaning assigned to such term in Section
2.2 hereof.
U.S. Obligations means, as at any date of determination thereof, the sum of the
following (determined without duplication):
(i) the aggregate principal amount
of U.S. Revolving Loans outstanding hereunder on such date plus (ii) the
aggregate amount of the Letter of Credit Liabilities outstanding on such date
relating to U.S. Letters of Credit.
U.S. Revolving Loan means a Loan made pursuant to Section 2.1(a) hereof.
U.S. Revolving Notes means the Notes of U.S. Borrower evidencing the U.S.
Revolving Loans, in the form of Exhibit D hereto.
Wells Fargo shall have the meaning ascribed to such term in the Preamble of this
Agreement.
1.2
MISCELLANEOUS.
THE WORDS "HEREOF," "HEREIN," AND "HEREUNDER" AND
WORDS OF SIMILAR IMPORT WHEN USED IN THIS AGREEMENT SHALL REFER TO THIS
AGREEMENT AS A WHOLE AND NOT ANY PARTICULAR PROVISION OF THIS AGREEMENT.
2.
COMMITMENTS; LOANS; BA'S AND LETTERS OF CREDIT.
2.1
LOANS AND BA'S.
EACH LENDER SEVERALLY AGREES, SUBJECT TO ALL OF
THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION,
SECTIONS 5.1 AND 5.2 HEREOF), TO MAKE LOANS AND, IN THE CASE OF CANADIAN
LENDERS, TO ACCEPT AND PURCHASE BANKERS' ACCEPTANCES, AS FOLLOWS:
(A)
U.S. REVOLVING LOANS.
FROM TIME TO TIME ON OR AFTER THE EFFECTIVE
DATE AND DURING THE AVAILABILITY PERIOD, EACH U.S. LENDER SHALL MAKE LOANS UNDER
THIS SECTION 2.1(A) TO U.S. BORROWER IN AN AGGREGATE PRINCIPAL AMOUNT AT ANY ONE
TIME OUTSTANDING (INCLUDING SUCH U.S. LENDER'S COMMITMENT
PERCENTAGE OF ALL
LETTER OF CREDIT LIABILITIES RELATING TO U.S. LETTERS OF CREDIT AT SUCH TIME) UP
TO BUT NOT EXCEEDING SUCH U.S. LENDER'S COMMITMENT PERCENTAGE OF
31
THE MAXIMUM U.S. AVAILABLE AMOUNT.
SUBJECT TO THE CONDITIONS IN THIS AGREEMENT,
ANY SUCH U.S. REVOLVING LOAN REPAID PRIOR TO THE TERMINATION DATE MAY BE
REBORROWED PURSUANT TO THE TERMS OF THIS AGREEMENT; PROVIDED, THAT ANY AND ALL
SUCH U.S. REVOLVING LOANS SHALL BE DUE AND PAYABLE IN FULL ON THE TERMINATION
DATE.
LOANS MADE UNDER THIS SECTION 2.1(A) SHALL BE MADE AND DENOMINATED IN
DOLLARS.
THE AGGREGATE OF ALL U.S. REVOLVING LOANS TO BE MADE BY THE U.S.
LENDERS IN CONNECTION WITH A PARTICULAR BORROWING SHALL BE EQUAL TO THE LESSER
OF (I) THE UNUTILIZED PORTION OF THE MAXIMUM U.S. AVAILABLE AMOUNT OR (II)
$200,000 OR ANY INTEGRAL MULTIPLE OF $100,000 IN EXCESS THEREOF.