Common use of Acquisition Facility Loans Clause in Contracts

Acquisition Facility Loans. Upon the satisfaction of the conditions precedent set forth in Sections 5.1 and 5.2, from and including the date of this Agreement and prior to the Termination Date, each Lender having an Acquisition Facility Loan Commitment severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make revolving loans to the Borrower from time to time, in Dollars, in an amount not to exceed such Lender's Acquisition Facility Pro Rata Share of Acquisition Facility Availability at such time (each individually, an "Acquisition Facility Loan" and, collectively, the "Acquisition Facility Loans"); provided, however, at no time shall the outstanding principal balance of the Acquisition Facility Loans exceed the Acquisition Facility Availability. Subject to the terms of this Agreement (including, without limitation, the restrictions on use of proceeds of the Acquisition Facility Loans as set forth in Section 7.2(J)), the Borrower may borrow, repay and reborrow Acquisition Facility Loans at any time prior to the Acquisition Facility Loan Termination Date. The Acquisition Facility Loans (if any) made on the Closing Date shall initially be Floating Rate Loans and thereafter may be continued as Floating Rate Loans or converted into Eurodollar Rate Loans in the manner provided in Section 2.10 and subject to the other conditions and limitations therein set forth and set forth in this Article II. On the Acquisition Facility Loan Termination Date, the Borrower shall repay in full the outstanding principal balance of the Acquisition Facility Loans. Each Advance under this Section 2.2A shall consist of Acquisition Facility Loans made by each Lender ratably in proportion to such Lender's respective Acquisition Facility Pro Rata Share.

Acquisition Facility Loans. Upon (a) Subject to the satisfaction terms and conditions specified in Section 6.1, on the Closing Date, (i) each Acquisition Facility Lender which was an Existing Acquisition Facility Lender holding “Acquisition Facility Loans” (as defined in the Existing Credit Agreement) (such loans, collectively, the “Existing Acquisition Facility Loans”) immediately prior to the Closing Date severally agrees to continue such Existing Acquisition Facility Loans and/or sell all or a portion of its Existing Acquisition Facility Loans to other Acquisition Facility Lenders hereunder and/or purchase from other Existing Acquisition Facility Lenders all or a portion of such other Existing Acquisition Facility Lenders’ Existing Acquisition Facility Loans, and (ii) each Acquisition Facility Lender which was not an Existing Acquisition Facility Lender severally agrees to purchase from the Existing Acquisition Facility Lenders all or a portion of such Existing Acquisition Facility Lenders’ Existing Acquisition Facility Loans, in each case such that, after giving effect to all such sales and purchases, the Existing Acquisition Facility Loans held by each Acquisition Facility Lender shall be in an amount equal to such Acquisition Facility Lender’s Acquisition Facility Commitment Percentage of all such Existing Acquisition Facility Loans, and such Existing Acquisition Facility Loans so continued and purchased by the Lenders hereunder shall automatically be deemed to constitute Acquisition Facility Loans outstanding under this Agreement for all purposes. Subject to the terms and conditions hereof, each Acquisition Facility Lender severally shall make loans under the Acquisition Facility Commitments (the “Acquisition Facility Loans”) to any Borrower in an amount requested by the Borrowers’ Agent on behalf of such Borrower from time to time during the Acquisition Facility Commitment Period in an aggregate principal amount at any one time outstanding which does not exceed such Acquisition Facility Lender’s Acquisition Facility Commitment at such time; provided that, after giving effect to any Acquisition Facility Loan requested by the Borrowers’ Agent on behalf of any Borrower, each of the conditions precedent set forth in Section 6.2 shall be satisfied or waived. During the Acquisition Facility Commitment Period, each Borrower may borrow, prepay the Acquisition Facility Loans in whole or in part, and reborrow Acquisition Facility Loans, all in accordance with the terms and conditions hereof. (b) Acquisition Facility Loans may be denominated only in United States Dollars and may from time to time be (i) Eurodollar Loans, (ii) Base Rate Loans or (iii) a combination thereof, in each case, as the Borrowers shall notify the Administrative Agent in accordance with Sections 5.1 2.5 and 5.2, from and including 4.3. No Acquisition Facility Loan shall be made as a Eurodollar Loan after the date of this Agreement and day that is one (1) month prior to the Termination Date, each Lender having an Acquisition Facility Loan Commitment severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make revolving loans to the Borrower from time to time, in Dollars, in an amount not to exceed such Lender's Acquisition Facility Pro Rata Share of Acquisition Facility Availability at such time (each individually, an "Acquisition Facility Loan" and, collectively, the "Acquisition Facility Loans"); provided, however, at no time shall the outstanding principal balance of the Acquisition Facility Loans exceed the Acquisition Facility Availability. Subject to the terms of this Agreement (including, without limitation, the restrictions on use of proceeds of the Acquisition Facility Loans as set forth in Section 7.2(J)), the Borrower may borrow, repay and reborrow Acquisition Facility Loans at any time prior to the Acquisition Facility Loan Termination Date. The Acquisition Facility Loans (if any) made on the Closing Date shall initially be Floating Rate Loans and thereafter may be continued as Floating Rate Loans or converted into Eurodollar Rate Loans in the manner provided in Section 2.10 and subject to the other conditions and limitations therein set forth and set forth in this Article II. On the Acquisition Facility Loan Termination Date, the Borrower shall repay in full the outstanding principal balance of the Acquisition Facility Loans. Each Advance under this Section 2.2A shall consist of Acquisition Facility Loans made by each Lender ratably in proportion to such Lender's respective Acquisition Facility Pro Rata Share.