or such Loan Document, as applicable, as the same may be amended, modified,
supplemented, replaced, renewed or restated from time to time; and
(j)
Every affirmative duty, covenant and
obligation of Borrowers hereunder shall be equally applicable to each of the
Borrowers individually and where
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the context would result in the best interests or rights of Banks shall be
construed to mean "Borrowers or any of them" or "Borrowers and each of them", as
applicable.
SECTION 1.03.
USE OF DEFINED TERMS.
UNLESS
OTHERWISE DEFINED OR THE CONTEXT OTHERWISE REQUIRES, TERMS FOR WHICH MEANINGS
ARE PROVIDED IN THIS CREDIT AGREEMENT SHALL HAVE SUCH MEANINGS WHEN USED IN THE
REVOLVING CREDIT NOTE AND IN EACH LOAN DOCUMENT AND OTHER COMMUNICATION
DELIVERED FROM TIME TO TIME IN CONNECTION WITH THIS CREDIT AGREEMENT OR ANY
OTHER LOAN DOCUMENT.
SECTION 1.04.
CROSS-REFERENCES.
UNLESS OTHERWISE
SPECIFIED, REFERENCES IN THIS CREDIT AGREEMENT AND IN EACH OTHER LOAN DOCUMENT
TO ANY ARTICLE OR SECTION ARE REFERENCES TO SUCH ARTICLE OR SECTION OF THIS
CREDIT AGREEMENT OR SUCH OTHER LOAN DOCUMENT, AS THE CASE MAY BE, AND, UNLESS
OTHERWISE SPECIFIED, REFERENCES IN ANY ARTICLE, SECTION OR DEFINITION TO ANY
CLAUSE ARE REFERENCES TO SUCH CLAUSE OF SUCH ARTICLE, SECTION OR DEFINITION.
SECTION 1.05.
EXHIBITS AND SCHEDULES.
ALL EXHIBITS
AND SCHEDULES TO THIS CREDIT AGREEMENT, EITHER AS ORIGINALLY EXISTING OR AS THE
SAME MAY FROM TIME TO TIME BE SUPPLEMENTED, MODIFIED OR AMENDED, ARE
INCORPORATED HEREIN BY THIS REFERENCE.
ARTICLE II
AMOUNT, TERMS AND SECURITY OF THE CREDIT FACILITY
SECTION 2.01.
THE CREDIT FACILITY.
A.
SUBJECT TO THE CONDITIONS AND UPON THE
TERMS HEREINAFTER SET FORTH AND IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF
THE REVOLVING CREDIT NOTE, ON AND AFTER THE CLOSING DATE LENDERS SEVERALLY AGREE
IN THE PROPORTIONS SET FORTH ON THE SCHEDULE OF LENDERS' PROPORTIONS IN CREDIT
FACILITY TO LEND AND ADVANCE BORROWINGS TO BORROWERS, UP TO THE MAXIMUM
AVAILABILITY SUCH AMOUNTS AS BORROWERS MAY REQUEST DURING THE REVOLVING CREDIT
PERIOD BY NOTICE OF BORROWING DULY EXECUTED BY AN AUTHORIZED OFFICER AND
DELIVERED TO AGENT BANK FROM TIME TO TIME FOR BORROWINGS UNDER THE CREDIT
FACILITY AS PROVIDED IN SECTION 2.03.
B.
SUBJECT TO THE USES AND PURPOSES SET
FORTH IN SECTION 2.02, ON AND AFTER THE CLOSING DATE BORROWERS MAY BORROW, REPAY
AND REBORROW THE AVAILABLE BORROWINGS UP TO THE MAXIMUM PERMITTED BALANCE FROM
TIME TO TIME.
PROVIDED, HOWEVER, AMOUNTS OF FUNDED OUTSTANDINGS BEARING
INTEREST WITH REFERENCE TO A LIBO RATE SHALL BE SUBJECT TO BREAKAGE CHARGES
INCIDENT TO PREPAYMENT.
THE CREDIT FACILITY SHALL BE FOR A TERM COMMENCING ON
THE CLOSING DATE AND TERMINATING ON THE MATURITY DATE, ON WHICH DATE THE ENTIRE
OUTSTANDING BALANCE OF THE CREDIT FACILITY SHALL BE FULLY PAID AND CREDIT
FACILITY TERMINATION SHALL OCCUR.
IN NO EVENT SHALL ANY LENDER BE LIABLE TO
FUND ANY AMOUNTS UNDER THE CREDIT FACILITY IN EXCESS OF ITS RESPECTIVE
SYNDICATION INTEREST IN ANY BORROWING.
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C.
BORROWERS MAY VOLUNTARILY PERMANENTLY
REDUCE THE MAXIMUM PERMITTED BALANCE FROM TIME TO TIME (A