Common use of Borrowing of Term Loans Clause in Contracts

Borrowing of Term Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees (and not jointly or jointly and severally) to make loans (each such loan, a “Term Loan”) to the Borrower in Dollars on the Closing Date in an amount not to exceed such Lender’s Commitment. The Term Loan Borrowing shall consist of Term Loans made simultaneously by the Lenders on the Closing Date in accordance with their respective Commitments. Amounts borrowed and repaid or prepaid hereunder may not be reborrowed. Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, that with respect to the Term Loan Borrowing made on the Closing Date, the Term Loan Notice shall be received by the Administrative Agent prior to (a) 1:00 p.m. two Business Days prior to the Closing Date along with a funding indemnity letter in form and substance satisfactory to the Administrative Agent in the case of Eurodollar Rate Loans or (b) 1:00 p.m. on the Closing Date, in the case of Base Rate Loans. Each Lender shall make the amount of its Term Loans available to the Administrative Agent in immediately available funds at the Administrative Agent’s Payment Office not later than 2:00 p.m. on the Business Day specified in the Term Loan Notice. Upon satisfaction of the applicable conditions set forth in Section 4.01, the Administrative Agent shall make all funds so received available to the Borrower in like funds as received by the Administrative Agent either by (i) crediting the account of the Borrower on the books of the Administrative Agent with the amount of such funds or (ii) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the Borrower.

Borrowing of Term Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees (and not jointly or jointly and severally) to make loans (each such loan, a “Term Loan” and collectively, the “Term Loans”) to the Borrower in Dollars on during the Closing Date Availability Period in an amount not to exceed such Lender’s then current Commitment. The Term Loan Borrowing shall consist ; provided, that, subject to Section 2.14, the Borrower may only request two Borrowings during the Availability Period up to the aggregate amount of Term Loans made simultaneously by the Lenders on the Closing Date in accordance with their respective Aggregate Commitments. Amounts borrowed and repaid or prepaid hereunder may not be reborrowed. Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, that with respect to the Term Loan Borrowing made on the Closing Date, the Term Loan Notice shall be received by the Administrative Agent prior to (a) 1:00 p.m. two Business Days prior to the Closing Date along with a funding indemnity letter in form and substance satisfactory to the Administrative Agent Funding Indemnity Letter in the case of Eurodollar Rate Loans or (b) 1:00 p.m. on the Closing Date, in the case of Base Rate Loans. Each Lender shall make the amount of its Term Loans available to the Administrative Agent in immediately available funds at the Administrative Agent’s Payment Office not later than 2:00 p.m. on the Business Day specified in the Term Loan Notice. Upon satisfaction of the applicable conditions set forth in Section 4.01, the Administrative Agent shall make all funds so received available to the Borrower in like funds as received by the Administrative Agent either by (i) crediting the account of the Borrower on the books of the Administrative Agent with the amount of such funds or (ii) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the Borrower.

Borrowing of Term Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees (and not jointly or jointly and severally) to make loans (each such loan, a “Term Loan”) to the Borrower Company in Dollars on the Closing Date in an amount not to exceed such Lender’s Term Loan Commitment. The Term Loan Borrowing shall consist of all Term Loans made simultaneously by the Lenders on the Closing Date in accordance with their respective Term Loan Commitments. Amounts borrowed under this Section 2.01 and repaid or prepaid hereunder may not be reborrowed. Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, that with respect to the Term Loan Borrowing made on the Closing Date, Date shall be made as Base Rate Loans unless the Company delivers a Term Loan Borrowing Notice shall be received by the Administrative Agent prior to (a) 1:00 p.m. two Business Days prior to the Closing Date along with a funding indemnity letter in form and substance satisfactory to the Administrative Agent in prior to 11:00 a.m. three Business Days prior to the case date of Eurodollar Rate Loans or (b) 1:00 p.m. on the Closing Date, in the case of Base Rate Loanssuch Term Loan Borrowing. Each Lender shall make the amount of its Term Loans available to the Administrative Agent in immediately available funds Same Day Funds at the Administrative Agent’s Payment Office not later than 2:00 p.m. on the Business Day specified in the Term Loan Borrowing Notice. Upon satisfaction of the applicable conditions set forth in Section 4.01, the Administrative Agent shall make all funds so received available to the Borrower Company in like funds as received by the Administrative Agent either by (i) crediting the account of the Borrower Company on the books of the Administrative Agent with the amount of such funds or (ii) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the BorrowerCompany.

Borrowing of Term Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees (and not jointly or jointly and severally) to make loans (each such loan, a “Term Loan”) single loan to the Borrower in Dollars Company, on any Business Day during the Closing Date Availability Period, in an amount not to exceed such Lender’s Term Loan Commitment; provided that (a) in no event shall the aggregate amount of the Term Loan Borrowing to be made on the Funding Date exceed the aggregate amount of the Special Dividend and (b) the Company shall have delivered a Term Loan Borrowing Notice prior to 11:00 a.m. (x) on the Business Day of the Term Loan Borrowing in the event the Term Loan Borrowing is to be made as Base Rate Loans or (y) three Business Days prior to the date of such Term Loan Borrowing in the event the Term Loan Borrowing is to be made as Eurodollar Rate Loans. The Term Loan Borrowing shall consist of Term Loans made simultaneously by the Lenders on the Closing Funding Date in accordance with their respective CommitmentsApplicable Percentage of the Term Loan Facility. Amounts borrowed under this Section 2.01 and repaid or prepaid hereunder may not be reborrowed. Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, that with respect to the Term Loan Borrowing made on the Closing Date, the Term Loan Notice shall be received by the Administrative Agent prior to (a) 1:00 p.m. two Business Days prior to the Closing Date along with a funding indemnity letter in form and substance satisfactory to the Administrative Agent in the case of Eurodollar Rate Loans or (b) 1:00 p.m. on the Closing Date, in the case of Base Rate Loans. Each Lender shall make the amount of its Term Loans available to the Administrative Agent in immediately available funds Same Day Funds at the Administrative Agent’s Payment Office not later than 2:00 p.m. on the Business Day specified in the Term Loan Borrowing Notice. Upon satisfaction of the applicable conditions set forth in Section 4.014.02, the Administrative Agent shall make all funds so received available to the Borrower Company in like funds as received by the Administrative Agent either by (i) crediting the account of the Borrower Company on the books of the Administrative Agent with the amount of such funds or (ii) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the BorrowerCompany.