Common use of Availability of Term Loans Clause in Contracts

Availability of Term Loans. Subject to the terms and conditions set forth in this Agreement, each Term Lender hereby severally and not jointly agrees to make term loans (each individually, a “Term Loan” and, collectively, the “Term Loans”), in Dollars, to the Borrower on the Initial Funding Date and from time to time thereafter during the Term Commitment Period as requested by the Borrower in accordance with Section 2.1(c) (the first of such Borrowings, the “Initial Term Loan Borrowing” and each of the subsequent Borrowings, a “Delayed Term Loan Borrowing”, and collectively, the “Term Loan Borrowings”); provided that (i) the Initial Term Loan Borrowings shall be in a minimum aggregate amount of $300,000,000, and each Delayed Term Loan Borrowing shall be in a minimum aggregate amount of $25,000,000, (ii) all Delayed Term Loan Borrowings shall be made no later than the last day of the Term Commitment Period, (iii) the aggregate principal amount of the Term Loans (after giving effect to all amounts requested) shall not exceed the Term Commitments, and (iv) the aggregate principal amount of Term Loans from any Term Lender to the Borrower shall not exceed such Lender’s Term Commitment. All Term Loans comprising the same Borrowing under this Agreement shall be made by the Lenders simultaneously and proportionately to their then respective Pro Rata Shares for the Term Facility, it being understood that no Lender shall be responsible for any failure by any other Lender to perform its obligation to make a Term Loan hereunder nor shall the Term Commitment of any Lender be increased or decreased as a result of any such failure. The Term Loans, or any portion thereof, may be either a Base Rate Loan or a Eurodollar Rate Loan, as determined by the Borrower in any Notice of Committed Borrowing, any Notice of Conversion/Continuation or as otherwise provided in this Agreement. The Term Commitments, with respect to the making of the Term Loans (and not with respect to the obligations of the Lenders to convert or continue any Term Loans), shall expire on (x) the Initial Funding Date, in the case of the Initial Term Loan Borrowing, and (y) the last day of the Term Commitment Period, in the case of the Delayed Term Loan Borrowings (regardless of the failure of the Borrower to request a Delayed Term Loan Borrowing or the failure of the Borrower to fully utilize the Term Commitments). The Borrower may not reborrow the Term Loans following any repayment thereof.

Availability of Term Loans. Subject Pursuant to the Existing Term Loan Agreement, the Term Lenders thereunder made term loans to the Borrower and the aggregate outstanding principal amount of such term loans on the Closing Date is $270,000,000 (the “Existing Term Loans”). Such Existing Term Loans shall continue to be outstanding under this Agreement, and subject to the terms and conditions set forth in this Agreement, each Term Lender hereby severally and not jointly agrees to make term loans (each individually, a “Term Loan” and, collectively, the “Term Loans”), in Dollars, to the Borrower on the Initial Funding Date to refinance the Existing Term Loans and from time to time thereafter during the Term Commitment Period for other permitted purposes as requested by the Borrower in accordance with Section 2.1(c) (the first of such Borrowings, the “Initial Term Loan Borrowing” and each of the subsequent Borrowings, a “Delayed Term Loan Borrowing”, and collectively, the “Term Loan Borrowings”); provided that (i) the Initial Term Loan Borrowings shall be in a minimum aggregate amount of $300,000,000, and each Delayed Term Loan Borrowing shall be in a minimum aggregate amount of $25,000,000, (ii) all Delayed Term Loan Borrowings shall be made no later than the last day of the Term Commitment Period, (iii) the aggregate principal amount of the Term Loans (after giving effect to all amounts requested) shall not exceed the Term Commitments, and (ivii) the aggregate principal amount of Term Loans from any Term Lender to the Borrower shall not exceed such Lender’s Term Commitment. All Term Loans comprising the same Borrowing under this Agreement shall be made by the Lenders simultaneously and proportionately to their then respective Pro Rata Shares for the Term Facility, it being understood that no Lender shall be responsible for any failure by any other Lender to perform its obligation to make a Term Loan hereunder nor shall the Term Commitment of any Lender be increased or decreased as a result of any such failure. The Term Loans, or any portion thereof, may be either a Base Rate Loan or a Eurodollar Rate Loan, as determined by the Borrower in any Notice of Committed Borrowing, any Notice of Conversion/Continuation or as otherwise provided in this Agreement. The Term Commitments, with respect to the making of the Term Loans (and not with respect to the obligations of the Lenders to convert or continue any Term Loans), shall expire on (x) the Initial Funding Date, in the case of the Initial Term Loan Borrowing, and (y) the last day of the Term Commitment Period, in the case of the Delayed Term Loan Borrowings (regardless of the failure of the Borrower to request a Delayed Term Loan Borrowing or the failure of the Borrower to fully utilize the Term Commitments). The Borrower may not reborrow the Term Loans following any repayment thereof.

Availability of Term Loans. Subject to the terms and conditions set forth in this Agreement, each Term Lender hereby severally and not jointly agrees to make term loansPursuant to this, the Term Lenders made term loans to the Borrower in the aggregate principal amount of $340,000,000 (each individually, a “Term Loan” and, collectively, the “Term Loans”) or the “Loans”). Such Loans shall continue to be outstanding under this Agreement and subject to the terms and conditions set forth in this Agreement, each Term Lender severally and not jointly agrees to make term loans, in Dollars, to the Borrower on the Initial Funding Date and from time to time thereafter during the Term Commitment Period as requested by the Borrower in accordance with Section 2.1(c) (the first of such Borrowings, the “Initial Term Loan Borrowing” and each of the subsequent Borrowings, a “Delayed Term Loan Borrowing”, and collectively, the “Term Loan Borrowings”); provided that (i) the Initial Term Loan Borrowings shall be in a minimum aggregate amount of $300,000,000, and each Delayed Term Loan Borrowing shall be in a minimum aggregate amount of $25,000,000, (ii) all Delayed Term Loan Borrowings shall be made no later than the last day of the Term Commitment Period, (iii) the aggregate principal amount of the Term Loans (after giving effect to all amounts requested) shall not exceed the Term Commitments, and (ivii) the aggregate principal amount of Term Loans from any Term Lender to the Borrower shall not exceed such Lender’s Term Commitment. All Term Loans comprising the same Borrowing under this Agreement shall be made by the Lenders simultaneously and proportionately to their then respective Pro Rata Shares for the Term Facility, it being understood that no Lender shall be responsible for any failure by any other Lender to perform its obligation to make a Term Loan hereunder nor shall the Term Commitment of any Lender be increased or decreased as a result of any such failure. The Term Loans, or any portion thereof, may be either a Base Rate Loan or a Eurodollar Rate Loan, as determined by the Borrower in any Notice of Committed Borrowing, any Notice of Conversion/Continuation or as otherwise provided in this Agreement. The Term Commitments, with respect to the making of the Term Loans (and not with respect to the obligations of the Lenders to convert or continue any Term Loans), shall expire on (x) the Initial Funding Date, in the case of the Initial Term Loan Borrowing, and (y) the last day of the Term Commitment Period, in the case of the Delayed Term Loan Borrowings (regardless of the failure of the Borrower to request a Delayed Term Loan Borrowing or the failure of the Borrower to fully utilize the Term Commitments). The Borrower may not reborrow the Term Loans following any repayment thereof.

Availability of Term Loans. Subject to the terms and conditions set forth in this Agreement, each Term Lender hereby severally and not jointly agrees to make term loans (each individually, a “Term Loan” and, collectively, the “Term Loans”), in Dollars, to the Borrower Borrowers on the Initial Funding Date and from time to time thereafter during the Term Commitment Period as requested by the Borrower Borrowers in accordance with Section 2.1(c) (the first of such Borrowings, the “Initial Term Loan Borrowing” and each of the subsequent Borrowings, a “Delayed Term Loan Borrowing”, and collectively, the “Term Loan Borrowings”); provided that (i) the Initial Term Loan Borrowings shall be in a minimum aggregate amount of $300,000,000, and each Delayed Term Loan Borrowing shall be in a minimum aggregate amount of $25,000,000, (ii) all Delayed Term Loan Borrowings shall be made no later than the last day of the Term Commitment Period, (iii) the aggregate principal amount of the Term Loans (after giving effect to all amounts requested) shall not exceed the Term Commitments, and (iv) the aggregate principal amount of Term Loans from any Term Lender to the Borrower Borrowers shall not exceed such Lender’s Term Commitment. All Term Loans comprising the same Borrowing under this Agreement shall be made by the Lenders simultaneously and proportionately to their then respective Pro Rata Shares for the Term Facility, it being understood that no Lender shall be responsible for any failure by any other Lender to perform its obligation to make a Term Loan hereunder nor shall the Term Commitment of any Lender be increased or decreased as a result of any such failure. The Term Loans, or any portion thereof, may be either a Base Rate Loan or a Eurodollar Rate Loan, as determined by the Borrower Borrowers in any Notice of Committed Borrowing, any Notice of Conversion/Continuation or as otherwise provided in this Agreement. The Term Commitments, with respect to the making of the Term Loans (and not with respect to the obligations of the Lenders to convert or continue any Term Loans), shall expire on (x) the Initial Funding Date, in the case of the Initial Term Loan Borrowing, and (y) the last day of the Term Commitment Period, in the case of the Delayed Term Loan Borrowings (regardless of the failure of the Borrower to request a Delayed Term Loan Borrowing or the failure of the Borrower to fully utilize the Term Commitments). The Borrower Borrowers may not reborrow the Term Loans following any repayment thereof.

Availability of Term Loans. Subject to the terms and conditions set forth in this Agreement, each Term Lender hereby severally and not jointly agrees to make term loans (each individually, a “Term Loan” and, collectively, the “Term Loans”), in Dollars, to the Borrower on the Initial Funding Date and from time to time thereafter during the Term Commitment Period as requested by the Borrower in accordance with Section 2.1(c) (the first of such Borrowings, the “Initial Term Loan Borrowing” and each of the subsequent Borrowings, a “Delayed Term Loan Borrowing”, and collectively, the “Term Loan Borrowings”); provided that (i) the Initial Term Loan Borrowings shall be in a minimum aggregate amount of $300,000,000, and each Delayed Term Loan Borrowing shall be in a minimum aggregate amount of $25,000,000, (ii) all Delayed Term Loan Borrowings shall be made no later than the last day of the Term Commitment Period, (iii) the aggregate principal amount of the Term Loans (after giving effect to all amounts requested) shall not exceed the Term Commitments, and (ivii) the aggregate principal amount of Term Loans from any Term Lender to the Borrower shall not exceed such Lender’s Term Commitment. All Term Loans comprising the same Borrowing under this Agreement shall be made by the Lenders simultaneously and proportionately to their then respective Pro Rata Shares for the Term Facility, it being understood that no Lender shall be responsible for any failure by any other Lender to perform its obligation to make a Term Loan hereunder nor shall the Term Commitment of any Lender be increased or decreased as a result of any such failure. The Term Loans, or any portion thereof, may be either a Base Rate Loan or a Eurodollar Rate Loan, as determined by the Borrower in any Notice of Committed Borrowing, any Notice of Conversion/Continuation or as otherwise provided in this Agreement. The Term Commitments, with respect to the making of the Term Loans (and not with respect to the obligations of the Lenders to convert or continue any Term Loans), shall expire on (x) the Initial Funding Date, in the case of the Initial Term Loan Borrowing, and (y) the last day of the Term Commitment Period, in the case of the Delayed Term Loan Borrowings (regardless of the failure of the Borrower to request a Delayed Term Loan Borrowing or the failure of the Borrower to fully utilize the Term Commitments). The Borrower may not reborrow the Term Loans following any repayment thereof.

Availability of Term Loans. Subject to the terms and conditions set forth in this Agreement, each Term Lender hereby severally and not jointly agrees to make term loans (each individually, a “Term Loan” and, collectively, the “Term Loans”), in Dollars, to the Borrower Borrowers on the Initial Funding Date and from time to time thereafter during the Term Commitment Period as requested by the Borrower Borrowers in accordance with Section 2.1(c2.1(b) (the first of such Borrowings, the “Initial Term Loan Borrowing” and each of the subsequent Borrowings, a “Delayed Term Loan Borrowing”, and collectively, the “Term Loan BorrowingsBorrowing”); provided that (i) the Initial Term Loan Borrowings shall be in a minimum aggregate amount of $300,000,000, and each Delayed Term Loan Borrowing shall be in a minimum aggregate amount of $25,000,000, (ii) all Delayed Term Loan Borrowings shall be made no later than the last day of the Term Commitment Period, (iii) the aggregate principal amount of the Term Loans (after giving effect to all amounts requested) shall not exceed the Term Commitments, and (iv) the aggregate principal amount of Term Loans from any Term Lender to the Borrower Borrowers shall not exceed such Lender’s Term Commitment. All Term Loans comprising the same Borrowing under this Agreement shall be made by the Lenders simultaneously and proportionately to their then respective Pro Rata Shares for the Term Facility, it being understood that no Lender shall be responsible for any failure by any other Lender to perform its obligation to make a Term Loan hereunder nor shall the Term Commitment of any Lender be increased or decreased as a result of any such failure. The Term Loans, or any portion thereof, may be either a Base Rate Loan or a Eurodollar Rate Loan, as determined by the Borrower Borrowers in any Notice of Committed Borrowing, any Notice of Conversion/Continuation or as otherwise provided in this Agreement. The Term Commitments, with respect to the making of the Term Loans (and not with respect to the obligations of the Lenders to convert or continue any Term Loans), shall expire on (x) the Initial Funding Date, in the case of the Initial Term Loan Borrowing, and (y) the last day of the Term Commitment Period, in the case of the Delayed Term Loan Borrowings (regardless of the failure of the Borrower to request a Delayed Term Loan Borrowing or the failure of the Borrower to fully utilize the Term Commitments). The Borrower Borrowers may not reborrow the Term Loans following any repayment thereof.