Neighborhood banks serve businesses and consumers all through the country. Excluded Taxes shall imply (1) taxes imposed on or measured by the general net earnings or gross receipts of the Agent or a Lender, franchise taxes, or any related taxes assessed pursuant to the legal guidelines of the jurisdiction by which the Agent or such Lender is organized, the jurisdiction during which such Agent’s or Lender’s Lending Office or principal executive workplace is positioned or any jurisdiction wherein the Agent or such Lender is engaged in a commerce or enterprise or, in each case, any subdivision thereof or therein and (2) any Taxes imposed on any “withholdable cost” payable to such recipient as a result of the failure of such recipient to satisfy the applicable requirements as set forth in FATCA (or any amended or successor version of FATCA that is substantively comparable).

If the sum of excellent Revolving Loans and the aggregate amount of Pending Revolving Loans, along with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders might refuse to make or in any other case limit the making of Revolving Loans as Lenders decide till such excess has been eradicated, …