Common use of Amount and Terms of Commitments Clause in Contracts

Amount and Terms of Commitments. 2.1 Term Commitments. Subject to the terms and conditions hereof, (a) each Tranche A Term Lender severally agrees to make a Tranche A Term Loan in Dollars to the Borrower on the Incremental Facilities Closing Date in an amount not to exceed the amount of the Tranche A Term Commitment of such Lender and (b) each Tranche B Term Lender severally agrees tomade, subject to the terms and conditions set forth in the Seventh Amendment, a Tranche B Term Loan in Dollars to the Borrower on the Seventh Amendment Effective Date, in an amount not to exceed the amount of. Each Tranche B Term Lender hereby acknowledges and agrees that (i) the Tranche B Term Commitment of such LenderLoans made on the Seventh Amendment Effective Date remain outstanding on the First Amendment Effective Date and (ii) from and after the First Amendment Effective Date, the Tranche B Term Loans shall consist of Extended Tranche B Term Loans and Non-Extended Tranche B Term Loans. The Tranche A Term Loans and the Tranche B Term Loans may from time to time be Eurocurrency Loans or ABR Loans, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.2 and 2.12. Notwithstanding anything herein to the contrary, all Extended Tranche B Term Loans that were Eurocurrency Loans immediately prior to the effectiveness of the First Amendment will have initial Interest Periods ending on the same dates as the interest periods applicable to the Tranche B Term Loans being extended pursuant to the First Amendment prior to the effectiveness of the First Amendment.

Amount and Terms of Commitments. 2.1 Term CommitmentsRevolving Commitments (a). Subject to the terms and conditions hereof, (a) each Tranche A Term Lender severally agrees to make a Tranche A Term Loan revolving credit loans (“Revolving Loans”) to each Borrower from time to time on any Business Day during the Commitment Period, at such times as such Borrower may request in Dollars to the Borrower on the Incremental Facilities Closing Date accordance with Section 2.2, in an aggregate principal amount at any one time outstanding which, when added to such Lender’s Applicable Percentage of the aggregate principal amount of Swingline Loans then outstanding to both Borrowers, does not to exceed the amount of such Lender’s Commitment; provided, however, that (i) no Revolving Loan shall be made to the Tranche extent the aggregate unpaid principal amount of all Loans would exceed the Total Commitments, (ii) no Borrowing Base A Term Commitment Loans shall be made to a Borrower to the extent that the aggregate unpaid principal amount of all Borrowing Base A Loans made to such Lender Borrower would exceed the Borrowing Base A Limit applicable to such Borrower, (iii) Borrowing Base A Loans may be borrowed by either Borrower and Borrowing Base B Loans may only be borrowed by KECS, (iv) no Borrowing Base B Loans shall be made to KECS to the extent that the aggregate amount of all Borrowing Base B Loans made to it would exceed the Borrowing Base B Limit, (v) no Customer Loans shall be made to KECS to the extent that the aggregate amount of all Customer Revolving Credit Exposures made to it would exceed the aggregate Pledged Eligible Asset Loan Values of the Customer Pledged Eligible Assets, (vi) no Non-Customer Loans shall be made to KECS to the extent that the aggregate amount of all Non-Customer Revolving Credit Exposures made to it would exceed the aggregate Pledged Eligible Asset Loan Values of the Non-Customer Pledged Eligible Assets and (bvii) each Tranche no Firm Loans shall be made to KECS to the extent that the aggregate amount of all Firm Revolving Credit Exposures made to it would exceed the aggregate Pledged Eligible Asset Loan Values of the Firm Pledged Eligible Assets; provided further that Borrowing Base B Term Lender severally agrees tomadeLoans may not be borrowed on any day in any rolling period of 90 consecutive days if Borrowing Base B Loans have already been outstanding for 30 days during such period. During the Commitment Period, subject to a Borrower may borrow and prepay Revolving Loans in whole or in part, and reborrow, all in accordance with the terms and conditions set forth in the Seventh Amendment, a Tranche B Term Loan in Dollars to the Borrower on the Seventh Amendment Effective Date, in an amount not to exceed the amount of. Each Tranche B Term Lender hereby acknowledges and agrees that (i) the Tranche B Term Commitment of such LenderLoans made on the Seventh Amendment Effective Date remain outstanding on the First Amendment Effective Date and (ii) from and after the First Amendment Effective Date, the Tranche B Term Loans shall consist of Extended Tranche B Term Loans and Non-Extended Tranche B Term Loans. The Tranche A Term Loans and the Tranche B Term Loans may from time to time be Eurocurrency Loans or ABR Loans, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.2 and 2.12. Notwithstanding anything herein to the contrary, all Extended Tranche B Term Loans that were Eurocurrency Loans immediately prior to the effectiveness of the First Amendment will have initial Interest Periods ending on the same dates as the interest periods applicable to the Tranche B Term Loans being extended pursuant to the First Amendment prior to the effectiveness of the First Amendmenthereof.

Amount and Terms of Commitments. 2.1 Term Loan Commitments. Subject to the terms and conditions hereof, (a) each Tranche A Term Loan Lender severally agrees to make extend credit to the Borrower by purchasing at par, indirectly through Societe Generale, from the Existing Lenders a term loan (a "Tranche A Term Loan in Dollars to the Borrower Loan") on the Incremental Facilities Closing Date in an amount not equal to exceed the amount of the Tranche A Term Loan Commitment of such Lender and Lender, (b) each Tranche B Term Loan Lender severally agrees tomadeto extend credit to the Borrower by purchasing at par, indirectly through Societe Generale, from the Existing Lenders a term loan (a "Tranche B Term Loan") on the Closing Date in an amount equal to the amount of the Tranche B Term Loan Commitment of such Lender and (c) each Tranche C Term Loan Lender severally agrees to extend credit to the Borrower by purchasing at par, indirectly through Societe Generale, from the Existing Lenders a term loan (a "Tranche C Term Loan") on the Closing Date in an amount equal to the amount of the Tranche C Term Loan Commitment of such Lender. Each purchase by a Term Loan Lender, indirectly through Societe Generale, of a Term Loan pursuant to this Section 2.1 shall be made without recourse to Societe Generale and shall be made on and subject to the terms and conditions set forth in Sections 2(a) and 2(b) of the Seventh AmendmentAssignment and Acceptance attached hereto as Exhibit E, a Tranche B Term Loan in Dollars to the Borrower on the Seventh Amendment Effective Date, in an amount not to exceed the amount of. Each Tranche B Term Lender hereby acknowledges which terms and agrees that (i) the Tranche B Term Commitment of such LenderLoans made on the Seventh Amendment Effective Date remain outstanding on the First Amendment Effective Date and (ii) from and after the First Amendment Effective Date, the Tranche B Term Loans conditions shall consist of Extended Tranche B Term Loans and Non-Extended Tranche B Term Loansbe deemed incorporated herein by reference. The Tranche A Term Loans and the Tranche B Term Loans may from time to time be Eurocurrency Eurodollar Loans or ABR Loans, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.2 and 2.12. Notwithstanding anything herein to the contrary, all Extended Tranche B Term Loans that were Eurocurrency Loans immediately prior to the effectiveness of the First Amendment will have initial Interest Periods ending on the same dates as the interest periods applicable to the Tranche B Term Loans being extended pursuant to the First Amendment prior to the effectiveness of the First Amendment2.11.

Amount and Terms of Commitments. 2.1 Term Commitments. Subject to the terms and conditions hereof:, (a) each Tranche A Term Lender severally agrees to make a Tranche A Term Loan in Dollars to the Borrower on the Incremental Facilities Closing Date in an amount not to exceed the amount of the Tranche A Term Commitment of such Lender and (b) each Tranche B Term Lender severally agrees tomadeto, subject to the terms and conditions set forth in the Seventh First Amendment, make a Tranche B Term Loan in Dollars to the Borrower on the Seventh First Amendment Effective Date, in an amount not to exceed the amount of. Each Tranche B Term Lender hereby acknowledges and agrees that (i) of the Tranche B Term Commitment of such LenderLoans made on Lender. The Tranche B Term (a) Each Lender that holds an Existing Tranche B Term Loan and executes and delivers a Lender Addendum to this Agreement as a Continuing Term Lender (i) agrees to continue its Existing Tranche B Term Loans that would otherwise have been prepaid with the Seventh Amendment Effective Date remain outstanding on the First Amendment Effective Date and (ii) from and after the First Amendment Effective Date, proceeds of the Tranche B Term Loans shall consist (or, subject to allocation by the Lead Left Arranger in consultation with the Borrower, any such lesser amount) as Tranche B Term Loans, in lieu of Extended prepayment of its Existing Tranche B Term Loans and Non-Extended (such continued Tranche B Term Loans. The Tranche A , the “Continued Term Loans Loans”; and each such Lender, a “Continuing Term Lender”), on the Restatement Effective Date in a principal amount equal to such Continuing Term Lender’s Tranche B Term Loans may from time Commitment minus, if applicable, such Continuing Term Lender’s Supplemental Commitment (as defined below), (ii) agrees to time be Eurocurrency Loans or ABR Loansall terms and provisions of this Agreement (including, as determined by for the Borrower and notified avoidance of doubt, all amendments to the Administrative Agent Existing Credit Agreement set forth in accordance with Sections 2.2 this Agreement) and 2.12. Notwithstanding anything herein to the contrary, all Extended be a party to this Agreement as a Lender and a Tranche B Term Loans that were Eurocurrency Loans immediately prior to the effectiveness of the First Amendment will have initial Interest Periods ending on the same dates as the interest periods applicable to the Tranche B Term Loans being extended pursuant to the First Amendment prior to the effectiveness of the First AmendmentLender.

Amount and Terms of Commitments. 2.1 2.1. Commitments; Increases in the Tranche A Term CommitmentsLoans, the Tranche B Term Loans and the Revolving Facilities; Incremental Term Loans. (a) Subject to the terms and conditions hereof, (ai) each Existing Tranche A Term Lender severally agrees to make a maintain hereunder, in the form of an “Existing Tranche A Term Loan”, its Tranche A Term Loan under and as defined in Dollars to the Borrower Existing Credit Agreement, as specified on the Incremental Facilities Closing Date in an amount not to exceed the amount of the Schedule 1.1, (ii) each Restatement Tranche A Term Commitment Lender severally agrees (x) to maintain hereunder, in the form of such Lender a “Restatement Tranche A Term Loan”, its Tranche A Term Loan under and as defined in the Existing Credit Agreement and/or (by) to maintain hereunder its “Restatement Tranche A Term Loan” made on the First Restatement Effective Date under the Existing Credit Agreement, in each case as specified on Schedule 1.1, (iii) each Tranche B Term Lender severally agrees tomadeto maintain hereunder, subject to the terms and conditions set forth in the Seventh Amendmentform of a “Tranche B Term Loan”, a its Tranche B Term Loan under and as defined in Dollars the Existing Credit Agreement, (iv) each Existing Incremental Term Lender severally agrees to maintain hereunder, in the form of an “Existing Incremental Term Loan”, its Incremental Term Loan outstanding under the Existing Credit Agreement, and (v) each other Incremental Term Lender severally agrees to make one or more term loans (each, together with each Existing Incremental Term Loan, an “Incremental Term Loan”) to the Borrower on the Seventh Amendment Effective Date, extent provided in an amount not to exceed the amount of. Each Tranche B Term Lender hereby acknowledges and agrees that (i) the Tranche B Term Commitment of such LenderLoans made on the Seventh Amendment Effective Date remain outstanding on the First Amendment Effective Date and (ii) from and after the First Amendment Effective Date, the Tranche B Term Loans shall consist of Extended Tranche B Term Loans and Non-Extended Tranche B Term LoansSection 2.1(c). The Tranche A Term Loans and the Tranche B Term Loans may from time to time be Eurocurrency Eurodollar Loans or ABR Loans, as determined by the Borrower and notified to the Administrative Funding Agent in accordance with Sections 2.2 and 2.12. Notwithstanding anything herein to the contrary, all Extended Tranche B Term Loans that were Eurocurrency Loans immediately prior to the effectiveness of the First Amendment will have initial Interest Periods ending on the same dates as the interest periods applicable to the Tranche B Term Loans being extended pursuant to the First Amendment prior to the effectiveness of the First Amendment2.10.