Common use of Amounts Owing Clause in Contracts

Amounts Owing. Each of the Loan Parties acknowledges and agrees that, as of the date hereof, the Borrowers are indebted to the Secured Parties in an aggregate amount equal to (a) the aggregate principal amount of Revolving Credit Loans (including any Swing Line Loans) outstanding under the Credit Agreement in an amount equal to $284,400,000, plus accrued and unpaid interest thereon, plus (b) the aggregate principal amount of Initial Tranche B-1 Term Loan outstanding under the Credit Agreement in an amount equal to $569,250,000, plus accrued and unpaid interest thereon, plus (c) the aggregate principal amount of Initial Tranche B-2 Term Loan outstanding under the Credit Agreement in an amount equal to $480,150,000, plus accrued and unpaid interest thereon, plus (d) all obligations with respect to Letters of Credit outstanding under the Credit Agreement, plus (e) all obligations, if any, pursuant to any Secured Cash Management Agreement or Secured Hedge Agreement, plus (f) the unpaid actual out-of-pocket expenses incurred by the Agent in connection with the preparation, negotiation, execution and delivery of this Agreement and all unpaid out-of-pocket expenses incurred by the Agent and any Lender in connection with the enforcement or protection of their rights or in connection with this Agreement, the Credit Agreement and the other Loan Documents, in connection with the Obligations under the Credit Agreement or incurred during any workouts, restructuring or negotiating in respect of such Obligations, as and to the extent set forth in Section 10.04(a) of the Credit Agreement, and such amounts are outstanding without defense, offset or counterclaim; provided that such amounts shall not include any Excluded Swap Obligations.

Amounts Owing. Each of the Loan Parties acknowledges and agrees that, as of the date hereof, the Borrowers are indebted to the Secured Parties in an aggregate amount equal to (a) the aggregate principal amount of Revolving Credit Loans (including any Swing Line Loans) outstanding under the Credit Agreement in an amount equal to $284,400,000, plus accrued and unpaid interest thereonthereon and fees in respect thereof, plus (b) the aggregate principal amount of Initial Tranche B-1 Term Loan outstanding under the Credit Agreement in an amount equal to $569,250,000, plus accrued and unpaid interest thereon, plus (c) the aggregate principal amount of Initial Tranche B-2 Term Loan outstanding under the Credit Agreement in an amount equal to $480,150,000, plus accrued and unpaid interest thereon, plus (d) all obligations with respect to Letters of Credit outstanding under the Credit Agreement, plus (e) all obligations, if any, pursuant to any Secured Cash Management Agreement or Secured Hedge Agreement, plus (f) the unpaid actual out-of-pocket expenses incurred by the Agent and the members of that certain steering committee of Lenders consisting of Ascribe Capital LLC, BlueMountain Capital Management, LLC, GSO Capital Partners LP and Solus Alternative Asset Management LP (collectively with such additional Lenders, if any, as may be determined in the sole discretion of the foregoing, the “Steering Committee”) in connection with the preparation, negotiation, execution and delivery of this Agreement and all unpaid out-of-pocket expenses incurred by the Agent and any Lender in connection with the enforcement or protection of their rights or in connection with this Agreement, the Credit Agreement and the other Loan Documents, in connection with the Obligations under the Credit Agreement or incurred during any workouts, restructuring or negotiating in respect of such Obligations, as and to the extent set forth in Section 10.04(a) of the Credit Agreement, and such amounts are outstanding without defense, offset or counterclaim; provided that such amounts shall not include any Excluded Swap Obligations.

Amounts Owing. Each of the (a) The Borrower and each other Loan Parties acknowledges Party acknowledge and agrees agree that, as of the date hereofhereof (but prior to giving effect to any Specified Borrowing), the Borrowers are Borrower and, through the Guarantee Agreement, each of the other Loan Parties, is indebted to the Secured Parties Revolving Lenders in an aggregate amount equal to (a) the aggregate principal amount of Revolving Credit Loans (including any Swing Line Loans) outstanding under the Credit Agreement in an amount equal to $284,400,000777,000,000, plus accrued and unpaid interest thereonthereon and fees in respect thereof, plus (b) the aggregate principal amount of Initial Tranche B-1 Term Loan outstanding under the Credit Agreement in an amount equal to $569,250,000, plus accrued and unpaid interest thereon, plus (c) the aggregate principal amount of Initial Tranche B-2 Term Loan outstanding under the Credit Agreement in an amount equal to $480,150,000, plus accrued and unpaid interest thereon, plus (d) all obligations with respect to the Letters of Credit outstanding under the Credit AgreementAgreement in the aggregate principal amount equal to $23,440,987, plus the aggregate amount of any LC Reimbursement Obligations, plus (e) all obligations, if any, pursuant to any Secured Cash Management Agreement or Secured Hedge Agreement, plus (fc) the unpaid actual costs and out-of-pocket expenses incurred by the Administrative Agent in connection with the preparation, negotiation, execution and delivery of this Agreement Waiver and all documented unpaid costs and out-of-pocket expenses incurred by the Administrative Agent and any Lender the Revolving Lenders in connection with the enforcement or protection of their rights or in connection with this AgreementWaiver, the Credit Agreement and the other Loan Documents, in connection with the Secured Obligations owing to them under the Credit Agreement or incurred during any workouts, restructuring or negotiating in respect of such Secured Obligations, as and to the extent set forth in Section 10.04(a9.03 of the Credit Agreement, plus (e) amounts owing, if any, to any Indemnitee, as and to the extent set forth in Section 9.03 of the Credit Agreement, and such amounts are outstanding without defense, offset or counterclaim; provided . (b) The Borrower and each other Loan Party further acknowledge and agree that such amounts following the Waiver Effective Date and the making of the Specified Borrowing and notwithstanding anything to the contrary contained in the Credit Agreement (but without in any way limiting the conditions or any other provision set forth in the Credit Agreement), (x) no Revolving Lender shall be obligated to, or shall be permitted to, honor any Borrowing Request and (y) the Issuing Bank shall not include be obligated to, nor shall it be permitted to, issue, amend, renew or extend any Excluded Swap ObligationsLetter of Credit (other than any amendment, renewal or extension otherwise permitted under the Credit Agreement that does not increase the amount available to be drawn under the applicable Letter of Credit), in each case of clauses (x) and (y) unless each Revolving Lender shall have consented thereto in its sole discretion. Nothing contained herein shall alter, modify or otherwise relieve any Revolving Lender of its obligations under Section 2.04(d).