Common use of Commitments; Termination; Agreements Clause in Contracts

Commitments; Termination; Agreements. (a) On and as of the Restatement Date, the Commitment of each Lender shall be as set forth on Schedule 2.01 to the Restated Credit Agreement. (a) Subject to the terms and conditions set forth in the Restated Credit Agreement, each Term Lender agrees, severally and not jointly, to make a Term Loan to the Borrower on the Restatement Date in a principal amount not to exceed its Term Loan Commitment. (b) On the Restatement Date, the Borrower shall use the proceeds of the Term Loans (together with cash on hand and the net proceeds of the issuance of the Additional Subordinated Notes) to repay all Term Loans outstanding under the Existing Credit Agreement, together with accrued interest thereon (the “Term Loan Repayment”). On the Restatement Date, each holder of Term Loans outstanding under the Existing Credit Agreement (the “Existing Term Lenders”), to the extent of the Term Loan Repayment, shall cease to be a party to the Existing Credit Agreement and shall be released from all further obligations thereunder and shall have no further rights to or interest in any of the Collateral; provided, however, that each Existing Term Lender shall continue to be entitled to the benefits of Sections 2.14, 2.16, 2.20 and 9.05 of the Existing Credit Agreement as in effect immediately prior to the Restatement Date. (c) On the Restatement Date, upon the effectiveness of the Restated Credit Agreement, (i) each Revolving Loan outstanding under the Existing Credit Agreement shall be deemed to be a Revolving Loan under the Restated Credit Agreement, (ii) each Swingline Loan outstanding under the Existing Credit Agreement shall be deemed to be a Swingline Loan under the Restated Credit Agreement, and (iii) each Letter of Credit outstanding under the Existing Credit Agreement shall be deemed to be a Letter of Credit under the Restated Credit Agreement.

Commitments; Termination; Agreements. (a) On and as of the Restatement Date, the Commitment of each Lender shall be as set forth on Schedule 2.01 to the Restated Credit Agreement. (ab) Subject to the terms and conditions set forth in the Restated Credit Agreement, each Term Lender agrees, severally and not jointly, to make a Term Loan to the Borrower on the Restatement Date in a principal amount not to exceed its Term Loan Commitment. (bc) On the Restatement Date, the Borrower shall use the proceeds of the Term Loans (together with cash on hand and the net proceeds of the issuance of the Additional Subordinated Noteshand) to repay all Term Loans outstanding under the Existing Credit Agreement, together with accrued interest thereon (the “Term Loan Repayment”). On the Restatement Date, each holder of Term Loans outstanding under the Existing Credit Agreement (the “Existing Term Lenders”), to the extent of the Term Loan Repayment, shall cease to be a party to the Existing Credit Agreement and shall be released from all further obligations thereunder and shall have no further rights to or interest in any of the Collateral; provided, however, that each Existing Term Lender shall continue to be entitled to the benefits of Sections 2.14, 2.16, 2.20 and 9.05 of the Existing Credit Agreement as in effect immediately prior to the Restatement Date. (cd) On the Restatement Date, upon the effectiveness of the Restated Credit Agreement, (i) each Revolving Loan outstanding under the Existing Credit Agreement shall be deemed to be a Revolving Loan under the Restated Credit Agreement, (ii) each Swingline Loan outstanding under the Existing Credit Agreement shall be deemed to be a Swingline Loan under the Restated Credit Agreement, and (iii) each Letter of Credit outstanding under the Existing Credit Agreement shall be deemed to be a Letter of Credit under the Restated Credit Agreement.

Commitments; Termination; Agreements. (a) On and as of the Restatement Date, the Commitment of each Revolving Credit Lender, each Term Lender, each UF Lender and each PF Lender shall be as set forth on Schedule 2.01 to the Restated Credit Agreement. (ab) Subject to the terms and conditions set forth in the Restated Credit Agreement, (i) each Term Lender agrees, severally and not jointly, to make a Term Loan to the Borrower on the Restatement Date in a principal amount not to exceed its Term Loan CommitmentCommitment and (ii) each PF Lender agrees, severally and not jointly, to deposit its PF Pro Rata Percentage of the aggregate PF L/C Commitment with the Administrative Agent for deposit in the Credit-Linked Deposit Account. (bc) On the Restatement Date, the Borrower shall use repay all Existing Term Loans, together with accrued interest thereon, with a portion of the proceeds of the Term Loans (together with cash on hand and the net proceeds of the issuance of the Additional Subordinated Notes) to repay all Term Loans outstanding under the Existing Credit Agreement, together with accrued interest thereon (the “Term Loan Repayment”). On the Restatement Date, each holder of Existing Term Loans outstanding under the Existing Credit Agreement (the “Existing Term Lenders”), to the extent of the Term Loan Repayment, shall cease to be a party to the Existing Credit Agreement and shall be released from all further obligations thereunder and shall have no further rights to or interest in any of the Collateral; provided, however, that each Existing Term Lender shall continue to be entitled to the benefits of Sections 2.14, 2.16, 2.20 and 9.05 of the Existing Credit Agreement as in effect immediately prior to the Restatement Date. (cd) On the Restatement Date, upon the effectiveness of the Restated Credit Agreement, (i) each Revolving Loan outstanding under the Existing Credit Agreement shall be deemed to be a Revolving Loan under the Restated Credit Agreement, (ii) each Swingline Loan outstanding under the Existing Credit Agreement shall be deemed to be a Swingline Loan under the Restated Credit Agreement, Agreement and (iii) each Letter of Credit outstanding under the Existing Credit Agreement shall be deemed to be a UF Letter of Credit or a PF Letter of Credit under the Restated Credit Agreement, in each case as set forth on Schedule 1.01(a) to the Restated Credit Agreement.

Commitments; Termination; Agreements. (a) On and as of the Restatement Date, the Commitment of each Revolving Credit Lender and each Term Lender shall be as set forth on Schedule 2.01 to the Restated Credit Agreement. (ab) Subject to the terms and conditions set forth in the Restated Credit Agreement, each Term Lender agrees, severally and not jointly, to make a Term Loan to the Borrower Borrowers on the Restatement Date in a principal amount not to exceed its Term Loan Commitment. (bc) On the Restatement Date, the Borrower Borrowers shall use repay all Existing Term Loans, together with accrued interest thereon, with a portion of the proceeds of the Term Loans (together with cash on hand and the net proceeds "Term Loan Repayment"). Upon the Borrowers' making of the issuance Term Loan Repayment, each of the Additional Subordinated Notes) to repay all Term Loans outstanding under Lenders (as defined in the Existing Credit Agreement, together with accrued interest thereon (the “Term Loan Repayment”). On the Restatement Date, each holder of Term Loans outstanding under the Existing Credit Agreement (the “"Existing Term Lenders”"), to the extent of the other than those lenders that are Term Loan RepaymentLenders, shall cease to be a party to the Existing Credit Agreement and shall be released from all further obligations thereunder and shall have no further rights to or interest in any of the Collateral; provided, however, that each Existing Term Lender shall continue to be entitled to the benefits of Sections 2.14, 2.16, 2.20 and 9.05 of the Existing Credit Agreement as in effect immediately prior to the Restatement Date. (cd) On the Restatement Date, upon the effectiveness of the Restated Credit Agreement, (i) each Revolving Loan outstanding under the Existing Credit Agreement shall be deemed to be a Revolving Loan under the Restated Credit Agreement, Agreement and (ii) each Swingline Loan outstanding under the Existing Credit Agreement shall be deemed to be a Swingline Loan under the Restated Credit Agreement, and (iii) each Letter the amount of the unused Revolving Credit Commitments shall be adjusted accordingly. In order to facilitate the assignments provided for in Section 1 hereof, the Borrowers shall ensure that, on the Restatement Date, all outstanding Revolving Loans under the Existing Credit Agreement shall be deemed to be a Letter of Credit under the Restated Credit Agreementmaintained as ABR Revolving Loans thereunder.