Stamp Inventory), net of Inventory Reserves, multiplied by five
(5%) percent of the Appraised Value of such Eligible Inventory, or (ii) the Cost
of Eligible Inventory (other than Eligible Unaffixed Tax Stamp Inventory), net
of Inventory Reserves, multiplied by five (5%) percent; plus
(d)
the lesser of (i) the Cost of Eligible In-Transit Inventory, net of
Inventory Reserves, multiplied by five (5%) percent of the Appraised Value of
Eligible In-Transit Inventory, or (ii) the Cost of Eligible In-Transit
Inventory, net of Inventory Reserves, multiplied by five (5%) percent.
(X)
"TRANCHE A-1 LOAN COMMITMENT" MEANS, AT ANY TIME, AS TO ANY
LENDER, THE PRINCIPAL AMOUNT SET FORTH OPPOSITE SUCH LENDER'S NAME ON SCHEDULE
2.01 DESIGNATED AS SUCH LENDER'S TRANCHE A-1 LOAN COMMITMENT OR ON SCHEDULE 1 OF
THE ASSIGNMENT AND ASSUMPTION PURSUANT TO WHICH SUCH LENDER BECAME A LENDER
HEREUNDER IN ACCORDANCE WITH THE PROVISIONS OF SECTION 10.06, AS THE SAME MAY BE
ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS HEREOF; SOMETIMES BEING
COLLECTIVELY (AS TO ALL TRANCHE A-1 LOAN LENDERS) REFERRED TO HEREIN AS THE
"TRANCHE A-1 LOAN COMMITMENTS".
(Y)
"TRANCHE A-1 LOAN LENDERS" MEANS, AT ANY TIME, LENDERS HAVING
A TRANCHE A-1 LOAN COMMITMENT OR TRANCHE A-1 LOANS OWING TO IT AT SUCH TIME;
EACH SOMETIMES REFERRED TO HEREIN INDIVIDUALLY AS A "TRANCHE A-1 LOAN LENDER".
(Z)
"TRANCHE A-1 LOAN LIMIT" MEANS THE LESSER OF (A) THE
AGGREGATE TRANCHE A-1 LOAN COMMITMENTS (SUBJECT TO REDUCTION AS PROVIDED IN
SECTION 2.06 OF THE AGREEMENT) AND (B) THE TRANCHE A-1 BORROWING BASE.
(AA)
"TRANCHE A-1 LOAN RATE" MEANS, FOR ANY DAY, (I) THE RATE OF
INTEREST PER ANNUM (ROUNDED UPWARDS, IF NECESSARY, TO THE NEAREST 1/10000 OF 1%)
FOR ONE (1) MONTH U.S. DOLLAR DEPOSITS AS REPORTED ON THE SERVICE'S PAGE
BBAM1/(OFFICIAL BBA USD DOLLAR LIBOR FIXINGS) (OR ON ANY SUCCESSOR OR SUBSTITUTE
PAGE OF SUCH SERVICE, OR ANY SUCCESSOR TO OR SUBSTITUTE FOR SUCH SERVICE) AT
APPROXIMATELY 11:00 A.M. (LONDON TIME) ON SUCH DAY, OR IF SUCH DAY IS NOT A
LONDON BUSINESS DAY, THEN THE IMMEDIATELY PRECEDING LONDON BUSINESS DAY;
PROVIDED, THAT, IF MORE THAN ONE RATE IS SPECIFIED ON PAGE BBAM1, THE APPLICABLE
RATE SHALL BE THE ARITHMETIC MEAN OF ALL SUCH RATES, OR (II) IF, FOR ANY REASON,
THE RATE UNDER CLAUSE (I) OF THIS DEFINITION IS NOT AVAILABLE, THEN THE TRANCHE
A-1 LOAN RATE SHALL MEAN THE BASE RATE.
(BB)
"TRANCHE A-1 LOANS" HAS THE MEANING SPECIFIED IN SECTION 2.01(B).
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10
5.
INCREASE IN AGGREGATE COMMITMENTS.
(A)
THE DEFINITION OF "AGGREGATE COMMITMENTS" SET FORTH IN
SECTION 1.01 OF THE CREDIT AGREEMENT IS HEREBY AMENDED AND RESTATED IN ITS
ENTIRETY TO READ AS FOLLOWS:
""Aggregate Commitments" means, as of any time of calculation, the Commitments
of all the Lenders.
As of the Amendment No. 1 Effective Date, the Aggregate
Commitments equal $590,000,000."
(B)
SCHEDULE 2.01 TO THE CREDIT AGREEMENT (COMMITMENTS AND
APPLICABLE PERCENTAGES) IS HEREBY AMENDED AND RESTATED IN ITS ENTIRETY, AND
REPLACED BY SCHEDULE 2.01 ANNEXED HERETO AS EXHIBIT A.
6.