ADVANCES MADE BY THE REVOLVING LOAN LENDERS.
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"REVOLVING LOAN COMMITMENT" MEANS (A) UNTIL APRIL 30, 2008, THIRTY-FIVE MILLION
AND 00/100 DOLLARS ($35,000,000.00); AND (B) THEREAFTER, THE LESSER OF
(I) THIRTY-FIVE MILLION AND 00/100 DOLLARS ($35,000,000.00), OR (II) THE
BORROWING BASE.
"REVOLVING LOAN CREDIT PERCENTAGE" MEANS A PERCENTAGE BASED ON A FRACTION, THE
NUMERATOR OF WHICH SHALL BE THE AGGREGATE PRINCIPAL AMOUNT OF REVOLVING LOAN
ADVANCES OUTSTANDING AT A PARTICULAR TIME AND OWING TO A PARTICULAR REVOLVING
LOAN LENDER AT SUCH TIME, AND THE DENOMINATOR OF WHICH SHALL BE THE AGGREGATE
PRINCIPAL AMOUNT OF ALL REVOLVING LOAN ADVANCES OUTSTANDING AT SUCH TIME AND
OWING TO ALL THE REVOLVING LOAN LENDERS AT SUCH TIME; PROVIDED THAT IN
CALCULATING SUCH PERCENTAGE, THE AGGREGATE PRINCIPAL AMOUNT OF SWING LINE LOAN
ADVANCES OWING TO THE SWING LINE LENDER, THE AVAILABLE AMOUNT OF THE LETTERS OF
CREDIT, AND THE AGGREGATE AMOUNT OF LETTER OF CREDIT ADVANCES OWING TO ISSUING
LENDER SHALL, AT SUCH TIME, BE CONSIDERED TO BE OWED TO THE REVOLVING LOAN
LENDERS THAT PURCHASE (OR ARE OBLIGATED TO PURCHASE) SWING LINE LOAN ADVANCES
AND LETTER OF CREDIT ADVANCES FROM THE SWING LINE LENDER AND ISSUING LENDER
UNDER THE TERMS OF THIS AGREEMENT (THE REVOLVING LOAN CREDIT PERCENTAGES OF THE
REVOLVING LOAN LENDERS AS OF THE DATE HEREOF BEING AS SET FORTH ON THE ATTACHED
EXHIBIT "D").
"REVOLVING LOAN LENDERS" MEANS THE REVOLVING LOAN LENDERS IDENTIFIED ON
EXHIBIT "D" ATTACHED TO THIS AGREEMENT, AND ANY OTHER PERSON THAT BECOMES A
REVOLVING LOAN LENDER PURSUANT TO THE TERMS OF THIS AGREEMENT.
"REVOLVING LOAN MATURITY DATE" MEANS THE DATE FIVE (5) YEARS FROM THE DATE OF
THIS AGREEMENT (VIZ., DECEMBER 31, 2012).
"REVOLVING NOTES" MEANS THOSE CERTAIN REVOLVING NOTES OF EVEN DATE HEREWITH,
GIVEN BY BORROWERS IN FAVOR OF THE REVOLVING LOAN LENDERS IN THE AGGREGATE
PRINCIPAL AMOUNT OF $35,000,000.00, AND INCLUDES ANY AMENDMENT TO OR
MODIFICATION OF ANY SUCH NOTE AND ANY PROMISSORY NOTE GIVEN IN EXTENSION OR
RENEWAL OF, OR IN SUBSTITUTION FOR, SUCH NOTE.
"SECURED OBLIGATIONS" MEANS, COLLECTIVELY, THE CREDIT AGREEMENT OBLIGATIONS AND
THE PRUDENTIAL OBLIGATIONS.
"SECURITY DOCUMENTS" MEANS ALL DOCUMENTS OR INSTRUMENTS OF ANY KIND EXECUTED OR
DELIVERED IN CONNECTION WITH THE LOANS, WHETHER DELIVERED PRIOR TO, AT, OR AFTER
THE CLOSING, WHEREIN COLLATERAL AGENT IS GRANTED A LIEN IN ANY BORROWER PARTY'S
ASSETS, AND ALL DOCUMENTS AND INSTRUMENTS EXECUTED AND DELIVERED IN CONNECTION
WITH ANY OF THE FOREGOING, TOGETHER WITH ANY AND ALL EXTENSIONS, REVISIONS,
MODIFICATIONS OR AMENDMENTS AT ANY TIME MADE TO ANY OF SUCH DOCUMENTS OR
INSTRUMENTS, INCLUDING BUT NOT LIMITED TO THIS AGREEMENT, THE MORTGAGES, THE
PLEDGE AGREEMENT AND THE FINANCING STATEMENTS.
"SOLID WASTES" MEANS "SOLID WASTES" AS DEFINED UNDER ANY APPLICABLE
ENVIRONMENTAL LAW.
"SOLVENT" AND "SOLVENCY" MEAN, WITH RESPECT TO ANY PERSON ON A PARTICULAR DATE,
THAT ON SUCH DATE (A) THE FAIR VALUE OF THE PROPERTY OF SUCH PERSON IS GREATER
THAN THE TOTAL AMOUNT OF LIABILITIES, INCLUDING, WITHOUT LIMITATION, CONTINGENT
LIABILITIES, OF SUCH PERSON, (B) THE PRESENT FAIR SALABLE VALUE OF THE ASSETS OF