Common use of Commitments and Loans Clause in Contracts

Commitments and Loans. (a) Subject to and upon the terms and conditions herein set forth, each Initial Lender severally (and not jointly) agrees on the Closing Date to make a loan or loans denominated in Dollars (each an “Initial Loan”) to the Borrower in an amount equal to such Initial Lender’s Initial Commitment, which Initial Loans may, at the option of the Borrower, be incurred and maintained as, and/or converted into, ABR Loans or Eurodollar Loans in accordance with the provisions hereof; provided that all Initial Loans made by each of the Initial Lenders pursuant to the same Borrowing shall, unless otherwise specifically provided herein, consist entirely of Initial Loans of the same Type. Amounts paid or prepaid in respect of Initial Loans may not be reborrowed. (b) Each Lender may at its option make any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that (A) any exercise of such option shall not affect (1) the obligation of the Borrower to repay such Loan or (2) the obligations, duties and rights of such Lender hereunder and (B) in exercising such option and without limiting the rights of the Borrower under Section 2.10 and 5.4 in respect of any increased costs to it, such Lender shall use its reasonable efforts to minimize any increased costs to the Borrower resulting therefrom (which obligation of the Lender shall not require it to take, or refrain from taking, actions that it determines would result in increased costs for which it will not be compensated hereunder or that it determines would be otherwise disadvantageous to it).

Commitments and Loans. (a) Subject to and upon the terms and conditions herein set forthhereof, each Initial Lender severally (and not jointly) agrees on the Closing Date to make from time to time on any Borrowing Date a loan or loans denominated in Dollars (each an “Initial Loan”) Loan to the Borrower in an amount equal to such Initial Lender’s Initial Commitment, which Initial Loans may, at the option of the Borrower, be incurred and maintained as, and/or converted into, ABR Loans or Eurodollar Loans in accordance with the provisions hereof; provided that all Initial Loans made by each of the Initial Lenders pursuant to the same Borrowing shall, unless otherwise specifically provided herein, consist entirely of Initial Loans of the same Type. Amounts paid or prepaid in respect of Initial Loans may not be reborrowed. (b) Each Lender may at its option make any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that (A) there shall be no more than three Borrowing Dates (excluding any exercise of such option shall not affect (1) the obligation of the Borrower to repay such Loan or (2) the obligationsAdditional Loans), duties and rights of such Lender hereunder and (B) in exercising the aggregate principal amount of each Lender’s Loans (excluding any Additional Loans and PIK Amounts) shall not exceed such option Lender’s Commitment and without limiting (C) the rights aggregate principal amount of all Loans (excluding any Additional Loans and PIK Amounts) outstanding shall not exceed the Borrower Maximum Loan Amount. Any amounts borrowed and repaid or prepaid may not be reborrowed. If at any time after the Closing Date any demand, any claim or any request for any payment is made under Section 2.10 and 5.4 or in respect of any increased costs Payment Guaranty and such demand, claim or request shall not have been satisfied in full within five Business Days after such demand, claim or request is made, the Lenders shall have the right (in their sole discretion and in accordance with their Aggregate Exposure Percentage) to it, such Lender shall use its reasonable efforts elect to minimize any increased costs to cause the Borrower resulting therefrom to borrow additional Loans hereunder (any such additional Loans, the “Additional Loans”), the proceeds of which obligation shall be used by the Borrower (together with any other available funds) within one Business Day following receipt of such proceeds to satisfy in full such demand, claim or request. Except as otherwise expressly set forth in this Agreement, the terms of the Lender Additional Loans shall not require it be identical in all respects to take, or refrain from taking, actions that it determines would result in increased costs for which it will not be compensated hereunder or that it determines would be otherwise disadvantageous to it)all other Loans made hereunder.

Commitments and Loans. (a) Subject to and upon the terms and conditions herein set forthhereof, each Initial Lender severally (and not jointly) agrees on the Closing Date to make from time to time on any Borrowing Date a loan or loans denominated in Dollars (each an “Initial Loan”) Loan to the Borrower in an amount equal to such Initial Lender’s Initial Commitment, which Initial Loans may, at the option of the Borrower, be incurred and maintained as, and/or converted into, ABR Loans or Eurodollar Loans in accordance with the provisions hereof; provided that all Initial Loans made by each of the Initial Lenders pursuant to the same Borrowing shall, unless otherwise specifically provided herein, consist entirely of Initial Loans of the same Type. Amounts paid or prepaid in respect of Initial Loans may not be reborrowed. (b) Each Lender may at its option make any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that (A) there shall be no more than two Borrowing Dates (excluding any exercise of such option shall not affect (1) the obligation of the Borrower to repay such Loan or (2) the obligationsAdditional Loans), duties and rights of such Lender hereunder and (B) in exercising the aggregate principal amount of each Lender’s Loans (excluding any Additional Loans) shall not exceed such option Lender’s Commitment and without limiting (C) the rights aggregate principal amount of all Loans (excluding any Additional Loans) outstanding shall not exceed the Borrower Maximum Loan Amount. Any amounts borrowed and repaid or prepaid may not be reborrowed. If at any time after the Closing Date any demand, any claim or any request for any payment is made under Section 2.10 and 5.4 or in respect of any increased costs Payment Guaranty and such demand, claim or request shall not have been satisfied in full within five Business Days after such demand, claim or request is made, the Lenders shall have the right (in their sole discretion and in accordance with their Aggregate Exposure Percentage) to it, such Lender shall use its reasonable efforts elect to minimize any increased costs to cause the Borrower resulting therefrom to borrow additional Loans hereunder (any such additional Loans, the “Additional Loans”), the proceeds of which obligation shall be used by the Borrower (together with any other available funds) within one Business Day following receipt of such proceeds to satisfy in full such demand, claim or request. Except as otherwise expressly set forth in this Agreement, the terms of the Lender Additional Loans shall not require it be identical in all respects to take, or refrain from taking, actions that it determines would result in increased costs for which it will not be compensated hereunder or that it determines would be otherwise disadvantageous to it)all other Loans made hereunder.