Common use of Amounts and Terms of Commitments and Loans Clause in Contracts

Amounts and Terms of Commitments and Loans. Section 2.1 Commitments; Making of Loans; the Register; Optional Notes (a) Commitments Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Company herein set forth, each Lender severally agrees to lend to Company (including, as applicable, to continue its outstanding First Restatement Loans) on the Second Restatement Date an amount not exceeding its Pro Rata Share of the aggregate amount of the Commitments to be used for the purposes identified in Section 2.5(a) and funded and continued in accordance with the Funds Flow Memorandum. The amount of each Lender’s Commitment shall be set forth opposite its name on a schedule held by Administrative Agent and the aggregate amount of the Commitments is $260,000,000; provided that the amount of the Commitment of each Lender shall be adjusted to give effect to any assignment of such Commitment pursuant to Section 9.1(b). Company may make only one borrowing under the Commitments. For the avoidance of doubt, such borrowing made by Company pursuant to this Section 2.1(a) shall be deemed to include the Loans made by the Lenders on the Second Restatement Date as requested pursuant to the Notice of Borrowing dated on or about the Second Restatement Date and the outstanding First Restatement Loans under the First Amended and Restated Credit Agreement and continued hereunder and such borrowing shall be deemed to be made on the Second Restatement Date on the same terms and conditions as the Loans requested pursuant to the Notice of Borrowing delivered on or about the Second Restatement Date. Amounts borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed.

Amounts and Terms of Commitments and Loans. Section 2.1 Commitments; Making of Loans; the Register; Optional Notes (a1) Commitments Subject to Each Tranche A-CHF Lender severally agrees, on the terms and conditions of this Agreement and set forth herein, that in reliance upon the representations and warranties of Company herein set forth, each Lender severally agrees to lend to Company (including, as applicable, to continue its outstanding First Restatement Loans) on the Second Restatement Date an amount not exceeding its Pro Rata Share consideration of the aggregate amount Payment Adjustments (if applicable to such Lender) and the amendment of the Commitments to be used for the purposes identified in Section 2.5(a) and funded and continued in accordance with the Funds Flow Memorandum. The amount extensions of each Lender’s Commitment shall be set forth opposite its name on a schedule held by Administrative Agent and the aggregate amount of the Commitments is $260,000,000; provided that the amount of the Commitment of each Lender shall be adjusted to give effect to any assignment of such Commitment pursuant to Section 9.1(b). Company may make only one borrowing credit under the Commitments. For Original Credit Agreement it shall convert its term extensions of credit under the avoidance Original Credit Agreement into, in part, loans in CHF owing by CH Borrower (each such loan, a "Tranche A-CHF Term Loan") and, in connection therewith it shall surrender all notes issued in respect of doubtterm extensions of credit under the Original Credit Agreements, all such borrowing made by Company pursuant to this Section 2.1(a) extensions of credit shall be deemed to include the Loans made converted in full by the Lenders Payment Adjustments (if applicable to such Lender) and the amended agreements evidenced hereby and by new notes issued at the Amendment and Restatement Date, including Tranche A-CHF Term Loans as of the Amendment and Restatement Date in an amount as is set forth on Schedule 2.1 opposite such Lender's name under the heading "Tranche A-CHF Term Loans as of the Amendment and Restatement Date." Each Tranche A-CHF Lender shall have, as of the Amendment and Restatement Date, Tranche A-CHF Term Loans in the amount set forth on Schedule 2.1 opposite such Lender's name under the heading "Tranche A-CHF Term Loans as of the Amendment and Restatement Date." The parties hereto acknowledge and agree that no Lender having a Tranche A-CHF Term Loan as of the Amendment and Restatement Date shall have any commitment to make any extension of credit on the Second Amendment and Restatement Date or at any other time in connection with its allocation of Tranche A- CHF Term Loans as requested pursuant to of such date, other than the Notice of Borrowing dated on or about the Second Restatement Date and the outstanding First Restatement Loans under the First Amended and Restated Credit Agreement and continued hereunder and such borrowing shall be deemed to be made on the Second Restatement Date on the same terms and conditions as the Loans requested pursuant to the Notice of Borrowing delivered on or about the Second Restatement Date. Amounts borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowedPayment Adjustments.

Amounts and Terms of Commitments and Loans. Section 2.1 Commitments; Making of Loans; the Register; Optional Notes (ai) Commitments Subject to Each Tranche A-CHF Lender (other than a New Lender) severally agrees, on the terms and conditions of this Agreement and set forth herein, that in reliance upon the representations and warranties of Company herein set forth, each Lender severally agrees to lend to Company (including, as applicable, to continue its outstanding First Restatement Loans) on the Second Restatement Date an amount not exceeding its Pro Rata Share consideration of the aggregate amount Payment Adjustments (if applicable to such Lender) and (if applicable to such Lender) the amendment of the Commitments to be used for the purposes identified in Section 2.5(a) and funded and continued in accordance with the Funds Flow Memorandum. The amount extensions of each Lender’s Commitment shall be set forth opposite its name on a schedule held by Administrative Agent and the aggregate amount of the Commitments is $260,000,000; provided that the amount of the Commitment of each Lender shall be adjusted to give effect to any assignment of such Commitment pursuant to Section 9.1(b). Company may make only one borrowing credit under the Commitments. For the avoidance of doubt, such borrowing made by Company pursuant to this Section 2.1(a) shall be deemed to include the Loans made by the Lenders on the Second Restatement Date as requested pursuant to the Notice of Borrowing dated on or about the Second Restatement Date and the outstanding First Restatement Loans under the First Amended and Restated Credit Agreement it shall convert its term extensions of credit under the Amended and continued hereunder Restated Credit Agreement into, in part, loans in CHF owing by US Borrower (each such loan, a "Tranche A-CHF Term Loan") and, in connection therewith it shall surrender all notes issued in respect of extensions of credit under the Amended and Restated Credit Agreement, all such borrowing extensions of credit shall be deemed converted in full by the Payment Adjustments (if applicable to be made such Lender) and the amended agreements evidenced hereby and by new notes (if requested by such Lender) issued at the Second Amendment and Restatement Date, including Tranche A-CHF Term Loans as of the Second Amendment and Restatement Date in an amount as is set forth on Schedule 2.1 opposite such Lender's name under the heading "Tranche A-CHF Term Loans as of the Second Amendment and Restatement Date." Each Tranche A-CHF Lender which is a New Lender severally agrees, on the terms and conditions set forth herein, to make a single Tranche A-CHF Term Loan on the Second Amendment and Restatement Date in an amount set forth opposite such Lender's name on the same terms and conditions as the Loans requested pursuant to the Notice of Borrowing delivered on or about the Second Restatement Date. Amounts borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed.Schedule 1.7

Amounts and Terms of Commitments and Loans. Section 2.1 Commitments; Making of Loans; the Register; Optional Notes (ai) Commitments Subject to Each Tranche A-CHF Lender severally agrees, on the terms and conditions of this Agreement and set forth herein, that in reliance upon the representations and warranties of Company herein set forth, each Lender severally agrees to lend to Company (including, as applicable, to continue its outstanding First Restatement Loans) on the Second Restatement Date an amount not exceeding its Pro Rata Share consideration of the aggregate amount Payment Adjustments (if applicable to such Lender) and (if applicable to such Lender) the amendment of the Commitments to be used for the purposes identified in Section 2.5(a) and funded and continued in accordance with the Funds Flow Memorandum. The amount extensions of each Lender’s Commitment shall be set forth opposite its name on a schedule held by Administrative Agent and the aggregate amount of the Commitments is $260,000,000; provided that the amount of the Commitment of each Lender shall be adjusted to give effect to any assignment of such Commitment pursuant to Section 9.1(b). Company may make only one borrowing credit under the Commitments. For the avoidance of doubt, such borrowing made by Company pursuant to this Section 2.1(a) shall be deemed to include the Loans made by the Lenders on the Second Restatement Date as requested pursuant to the Notice of Borrowing dated on or about the Second Restatement Date and the outstanding First Restatement Loans under the First Amended and Restated Credit Agreement it shall convert its term extensions of credit under the Amended and continued hereunder Restated Credit Agreement into, in part, loans in CHF owing by US Borrower (each such loan, a "Tranche A-CHF Term Loan") and, in connection therewith it shall surrender all notes issued in respect of extensions of credit under the Amended and Restated Credit Agreement, all such borrowing extensions of credit shall be deemed converted in full by the Payment Adjustments (if applicable to be made such Lender) and the amended agreements evidenced hereby and by new notes issued at the Second Amendment and Restatement Date, including Tranche A-CHF Term Loans as of the Second Amendment and Restatement Date in an amount as is set forth on Schedule 2.1 opposite such Lender's name under the heading "Tranche A-CHF Term Loans as of the Second Amendment and Restatement Date." Each Tranche A-CHF Lender shall have, as of the Second Amendment and Restatement Date, Tranche A-CHF Term Loans in the amount set forth on Schedule 2.1 opposite such Lender's name under the heading "Tranche A-CHF Term Loans as of the Second Amendment and Restatement Date." The parties hereto acknowledge and agree that no Lender having a Tranche A-CHF Term Loan as of the Second Amendment and Restatement Date shall have any commitment to make any extension of credit on the Second Amendment and Restatement Date on or at any other time in connection with its allocation of Tranche A-CHF Term Loans as of such date, other than the same terms and conditions as the Loans requested pursuant to the Notice of Borrowing delivered on or about the Second Restatement Date. Amounts borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowedPayment Adjustments.