Kodak 2011 Annual Report Download - page 185

Other Interpretive Provisions
. With reference to this Agreement and each other Loan Document, unless otherwise specified herein or in such other Loan
Document:
(a) The term “including” is by way of example and not limitation (i.e., “including” shall be deemed to mean “
including, without
limitation”).
(
b) Section headings herein and in the other Loan Documents are included for convenience of reference only and shall not affect the
interpretation of this Agreement or any other Loan Document.
ARTICLE II
AMOUNTS AND TERMS OF THE LOANS AND LETTERS OF CREDIT
SECTION 2.01. The Loans and Letters of Credit . (a) Revolving Credit Facility .
(i) US Revolving Borrowings . Each US Revolving Lender severally agrees, on the terms and conditions set forth herein and
in the Orders, to make US Revolving Loans in Dollars to the Company from time to time on any Business Day during the period from the
Effective Date until the Termination Date, in each case (A) in an amount for each such US Revolving Loan not to exceed such US Revolving
Lender’s US Unused Revolving Credit Commitment at such time and (B) in an aggregate amount for all such US Revolving Loans not to exceed
such US Revolving Lender’s ratable portion (based on the aggregate amount of the US Unused Revolving Credit Commitments at such time) of
the US Line Cap at such time. Each US Revolving Borrowing shall be in an aggregate amount of $10,000,000 or an integral multiple of
$1,000,000 in excess thereof (or such lesser amount as may be applied and reborrowed in accordance with Section 2.18 ) and shall consist of
Revolving Loans of the same Type made on the same day by the US Revolving Lenders ratably according to their respective US Revolving Credit
Commitments. Within the limits of each US Revolving Lender’s US Revolving Credit Commitment, the Company may borrow under this Section
2.01(a) , prepay pursuant to Section 2.10 and reborrow under this Section 2.01(a) .
(ii) Canadian Revolving Borrowings . Each Canadian Revolving Lender severally agrees, on the terms and conditions set
forth herein (and in the Orders, to the extent applicable), to make Canadian Revolving Loans in Dollars to Kodak Canada from time to time on any
Business Day during the period from the Effective Date until the Termination Date, in each case (A) in an amount for each such Canadian
Revolving Loan not to exceed such Canadian Revolving Lender’s Canadian Unused Revolving Credit Commitment at such time and (B) in an
aggregate amount for all such Canadian Revolving Loans not to exceed such Canadian Revolving Lender’s ratable portion (based on the aggregate
amount of the Canadian Unused Revolving Credit Commitments at such time) of the Canadian Line Cap at such time. Each Canadian Revolving
Borrowing shall be in an aggregate amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof (or such lesser amount as may be
applied and reborrowed in accordance with Section 2.18 ) and shall consist of Revolving Loans of the same Type made on the same day by the
Canadian Revolving Lenders ratably according to their respective Canadian Revolving Credit Commitments. Within the limits of each Canadian
Revolving Lender’s Canadian Revolving Credit Commitment, Kodak Canada may borrow under this Section 2.01(a) , prepay pursuant to Section
2.10 and reborrow under this Section 2.01(a) .
(b) Letters of Credit . Each Issuing Bank agrees, on the terms and conditions set forth herein and in the Orders, and in reliance upon
the agreements of the other Lenders set forth in this Agreement, to issue or continue US Letters of Credit for the account of the Company and its
Subsidiaries
41