Common use of Consolidated Debt for Borrowed Money Clause in Contracts

Consolidated Debt for Borrowed Money. of the Borrower and its Subsidiaries as of the Increased Amount Date after giving effect to a Borrowing of the full amount of the New Term Commitments of the applicable Series on such date and the use of the proceeds thereof; (4) the New Term Commitments shall be effected pursuant to one or more Joinder Agreements dated as of the applicable Increased Amount Date and executed and delivered by the Borrower, each New Term Lender and the Administrative Agent, each of which shall be recorded in the Register, and each New Term Lender shall be subject to the requirements set forth in Sections 2.12(e) and (g); and (5) the Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by the Administrative Agent in connection with any such transaction. Any New Term Loans made on an Increased Amount Date shall be designated a separate series (a “Series”) of New Term Loans for all purposes of this Agreement. Not more than four (4) Series of New Term Loans may be established hereunder. On any Increased Amount Date, subject to the satisfaction of the foregoing terms and conditions (i) each New Term Lender shall make a loan to the Borrower (a “New Term Loan”) in an amount equal to its New Term Commitment of such Series, and (ii) each New Term Lender shall become a Lender hereunder with respect to the New Term Commitment of such Series and the New Term Loans of such Series made pursuant thereto. The Administrative Agent shall notify Lenders promptly upon receipt of the Borrower’s notice of each Increased Amount Date and, in respect thereof, the proposed New Term Commitments and the New Term Lenders, taking into account any assignments of the New Term Loans contemplated to occur promptly following the Increased Amount Date. The terms and provisions of the New Term Loans shall be identical to the terms and provisions of the Term Loans, except as specifically set forth in the applicable Joinder Agreement; provided that, any covenant or Default applicable to any New Term Loans that is more restrictive than the equivalent covenant or Default set forth in this Agreement or is in addition to the covenants or Defaults set forth in this Agreement shall be deemed to be applicable to all the Facilities. In any event (i) the weighted average life to maturity of all New Term Loans of any Series shall be no shorter than the weighted average life to maturity of the Term B Advances, determined as of the Increased Amount Date of such New Term Loans, (ii) the applicable Termination Date of each Series shall be no earlier than the final maturity of the Term B Advances, (iii) the applicable margin and effective yield to maturity applicable to the New Term Loans of each Series shall be determined by Borrower and the applicable new Lenders and shall be set forth in each applicable Joinder Agreement; provided however (A) the original issue discount or the upfront fees applicable to any New Term Loans shall not be more than 1.0%, (B) that the applicable margin shall not be greater than the applicable margin payable with respect to Term B Advances by more than 0.25% unless the applicable margin with respect to the Term B Advances is increased so as to equal the applicable margin applicable to the New Term Loans and the applicable margin with respect to the Term A Advances and the Revolving Credit Advances is increased so as to equal not less than 0.25% less than the applicable margin applicable to the New Term Loans and the Term B Advances. Each Joinder Agreement may, without the consent of any other Lenders (other than the New Term Lenders), effect such amendments to this Agreement and the other Credit Documents as may be necessary or appropriate, in the opinion of the Administrative Agent to effect the provision of this Section 2.17 (including the limitations set forth above).

Consolidated Debt for Borrowed Money. of the Borrower and its Subsidiaries as of the Increased Amount Date after giving effect to a Borrowing of the full amount of the New Term Commitments of the applicable Series on such date and the use of the proceeds thereof; (4) the New Term Commitments shall be effected pursuant to one or more Joinder Agreements dated as of the applicable Increased Amount Date and executed and delivered by the Borrower, each New Term Lender and the Administrative Agent, each of which shall be recorded in the Register, and each New Term Lender shall be subject to the requirements set forth in Sections 2.12(e) and (g); and (5) the Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by the Administrative Agent in connection with any such transaction. Any New Term Loans made on an Increased Amount Date shall be designated a separate series (a “Series”) of New Term Loans for all purposes of this Agreement. Not more than four (4) Series of New Term Loans may be established hereunder. On any Increased Amount Date, subject to the satisfaction of the foregoing terms and conditions (i) each New Term Lender shall make a loan to the Borrower (a “New Term Loan”) in an amount equal to its New Term Commitment of such Series, and (ii) each New Term Lender shall become a Lender hereunder with respect to the New Term Commitment of such Series and the New Term Loans of such Series made pursuant thereto. The Administrative Agent shall notify Lenders promptly upon receipt of the Borrower’s notice of each Increased Amount Date and, in respect thereof, the proposed New Term Commitments and the New Term Lenders, taking into account any assignments of the New Term Loans contemplated to occur promptly following the Increased Amount Date. The terms and provisions of the New Term Loans shall be identical to the terms and provisions of the Term Loans, except as specifically set forth in the applicable Joinder Agreement; provided that, any covenant or Default applicable to any New Term Loans that is more restrictive than the equivalent covenant or Default set forth in this Agreement or is in addition to the covenants or Defaults set forth in this Agreement shall be deemed to be applicable to all the Facilities. In any event (i) the weighted average life to maturity of all New Term Loans of any Series shall be no shorter than the weighted average life to maturity of the Term B Advances, determined as of the Increased Amount Date of such New Term Loans, (ii) the applicable Termination Date of each Series shall be no earlier than the final maturity of the Term B Advances, (iii) the applicable margin and effective yield to maturity applicable to the New Term Loans of each Series shall be determined by Borrower and the applicable new Lenders and shall be set forth in each applicable Joinder Agreement; provided however (Aa) the original issue discount or the upfront fees applicable to any New Term Loans shall not be more than 1.0%, (Bb) that the applicable margin shall not be greater than the applicable margin payable with respect to Term B Advances by more than 0.25% unless the applicable margin with respect to the Term B Advances is increased so as to equal the applicable margin applicable to the New Term Loans and the applicable margin with respect to the Term A Advances and the Revolving Credit Advances is increased so as to equal not less than 0.25% less than the applicable margin applicable to the New Term Loans and the Term B Advances. Each Joinder Agreement may, without the consent of any other Lenders (other than the New Term Lenders), effect such amendments to this Agreement and the other Credit Documents as may be necessary or appropriate, in the opinion of the 75 Administrative Agent to effect the provision of this Section 2.17 (including the limitations set forth above).. (lll) CONDITIONS OF EFFECTIVENESS, LENDING AND ISSUANCES OF LETTERS OF CREDIT

Consolidated Debt for Borrowed Money. of the Borrower and its Subsidiaries as of the Increased Amount Date after giving effect to a Borrowing of the full amount of the New Term Commitments of the applicable Series on such date and the use of the proceeds thereof; (4) the New Term Commitments shall be effected pursuant to one or more Joinder Agreements dated as of the applicable Increased Amount Date and executed and delivered by the Borrower, each New Term Lender and the Administrative Agent, each of which shall be recorded in the Register, and each New Term Lender shall be subject to the requirements set forth in Sections Section 2.12(e) and (g)of the Credit Agreement; and (5) the Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by the Administrative Agent in connection with any such transaction. Any New Term Loans made on an Increased Amount Date shall be designated a separate series (a “Series”) of New Term Loans for all purposes of this Agreement. Not more than four (4) Series of New Term Loans may be established hereunder. On any Increased Amount Date, subject to the satisfaction of the foregoing terms and conditions (i) each New Term Lender shall make a loan Loan to the Borrower (a “New Term Loan”) in an amount equal to its New Term Commitment of such Series, and (ii) each New Term Lender shall become a Lender hereunder with respect to the New Term Commitment of such Series and the New Term Loans of such Series made pursuant thereto. Credit Agreement The Administrative Agent shall notify Lenders promptly upon receipt of the Borrower’s notice of each Increased Amount Date and, in respect thereof, the proposed New Term Commitments and the New Term Lenders, taking into account any assignments of the New Term Loans contemplated to occur promptly following the Increased Amount Date. The terms and provisions of the New Term Loans shall be identical to the terms and provisions of the Term Loans, except as specifically set forth in the applicable Joinder Agreement; provided that, any covenant or Default applicable to any New Term Loans that is more restrictive than the equivalent covenant or Default set forth in this Agreement or is in addition to the covenants or Defaults set forth in this Agreement shall be deemed to be applicable to all the Facilities. In any event (i) the weighted average life to maturity of all New Term Loans of any Series shall be no shorter than the weighted average life to maturity of the Term B Advances, determined as of the Increased Amount Date of such New Term Loans, (ii) the applicable Termination Date of each Series shall be no earlier than the final maturity of the Term B Advances, (iii) the applicable margin and effective yield to maturity applicable to the New Term Loans of each Series shall be determined by Borrower and the applicable new Lenders and shall be set forth in each applicable Joinder Agreement; provided however that the applicable margin and effective yield to maturity applicable to the New Term Loans (A) taking into account the effect of any original issue discount or the upfront fees applicable to any New based on a four-year average life for the Term Loans shall not be more B Facility (other than 1.0%, (Bcustomary underwriting and commitment fees)) that the applicable margin shall not be greater than the applicable margin and yield payable with respect to Term B Advances by more than 0.25% unless the applicable margin and yield with respect to the Term B Advances is increased so as to equal the applicable margin and yield applicable to the New Term Loans and the applicable margin with respect to the Term A Advances and the Revolving Credit Advances is increased so as to equal not less than 0.25% less than the applicable margin applicable to the New Term Loans and the Term B AdvancesLoans. Each Joinder Agreement may, without the consent of any other Lenders (other than the New Term Lenders), effect such amendments to this Agreement and the other Credit Documents as may be necessary or appropriate, in the opinion of the Administrative Agent to effect the provision of this Section 2.17 (including the limitations set forth above).

Consolidated Debt for Borrowed Money. of the Borrower and its Subsidiaries as of the Increased Amount Date after giving effect to a Borrowing of the full amount of the New Term Commitments of the applicable Series on such date and the use of the proceeds thereofthereof and assuming, in the case of New Revolving Commitments, that the entire aggregate amount of such New Revolving Facility had been funded on such date; (4) the New Term Commitments and/or New Revolving Commitments, as applicable, shall be effected pursuant to one or more Joinder Agreements dated as of the applicable Increased Amount Date and executed and delivered by the Borrower, each New Term Lender or New Revolving Lender, as applicable, and the Administrative Agent, each of which shall be recorded in the Register, or pursuant to an amendment and restatement of this Agreement and each New Term Lender or New Revolving Lender shall be subject to the requirements set forth in Sections Section 2.12(e) and (g); and (5) the Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by the Administrative Agent in connection with any such transaction. Any New Term Loans made on an Increased Amount Date shall may be designated a separate series (a “Series”) of New Term Loans for all purposes of this AgreementAgreement or, if such New Term Loans have the same terms as those of another existing class of loans hereunder, may become party of such other class of loans. Not more than four (4) Series of New Term Loans and one (1) New Revolving Facility may be established hereunder. On any Increased Amount Date, subject Subject to the satisfaction of the foregoing terms and conditions on any Increased Amount Date, (i) in respect of New Term Commitments, each New Term Lender shall make a loan Loan to the Borrower (a “New Term Loan”) in an amount equal to its New Term Commitment of such Series, and (ii) in respect of New Term Commitments, each New Term Lender shall become a Lender hereunder with respect to the New Term Commitment of such Series and the New Term Loans of such Series made pursuant theretothereto and (iii) in respect of New Revolving Commitments, each New Revolving Lender shall become a Lender hereunder with respect to its New Revolving Commitment. The Administrative Agent shall notify Lenders promptly upon receipt of the Borrower’s notice of each Increased Amount Date and, in respect thereof, the proposed New Term Commitments and the and/or New Term LendersRevolving Commitments, taking into account any assignments of the New Term Loans contemplated to occur promptly following the Increased Amount Date. The terms and provisions of the New Term Loans shall be identical to the terms and provisions of the Term Loans, except as specifically set forth in the applicable Joinder Agreement; provided that, any covenant or Default applicable to any New Term Loans that is more restrictive than the equivalent covenant or Default set forth in this Agreement or is in addition to the covenants or Defaults set forth in this Agreement shall be deemed to be applicable to all the Facilities. In any event (i) the weighted average life to maturity of all New Term Loans of any Series shall be no shorter than the weighted average life to maturity of the Term B Advances, determined as of the Increased Amount Date of such New Term Loans, (ii) the applicable Termination Date of each Series shall be no earlier than the final maturity of the Term B Advances, (iii) the applicable margin and effective yield to maturity applicable to the New Term Loans of each Series shall be determined by Borrower and the applicable new Lenders and shall be set forth in each applicable Joinder Agreement; provided however (A) the original issue discount or the upfront fees applicable to any New Term Loans shall not be more than 1.0%, (B) that the applicable margin shall not be greater than the applicable margin payable with respect to Term B Advances by more than 0.25% unless the applicable margin with respect to the Term B Advances is increased so as to equal the applicable margin applicable to the New Term Loans and the applicable margin with respect to the Term A Advances and the Revolving Credit Advances is increased so as to equal not less than 0.25% less than the applicable margin applicable to the New Term Loans and the Term B Advances. Each Joinder Agreement may, without the consent of any other Lenders (other than the New Term Lenders), effect such amendments to this Agreement and the other Credit Documents as may be necessary or appropriate, in the opinion of the Administrative Agent to effect the provision of this Section 2.17 (including the limitations set forth above)applicable.

Consolidated Debt for Borrowed Money. of the Borrower and its Subsidiaries as of the Increased Amount Date after giving effect to a Borrowing of the full amount of the New Term Commitments of the applicable Series on such date and the use of the proceeds thereofthereof and assuming, in the case of New Revolving Commitments, that the entire aggregate amount of such New Revolving Facility had been funded on such date; (4) the New Term Commitments and/or New Revolving Commitments, as applicable, shall be effected pursuant to one or more Joinder Agreements dated as of the applicable Increased Amount Date and executed and delivered by the Borrower, each New Term Lender or New Revolving Lender, as applicable, and the Administrative Agent, each of which shall be recorded in the Register, or pursuant to an amendment and restatement of this Agreement and each New Term Lender or New Revolving Lender shall be subject to the requirements set forth in Sections Section 2.12(e) and (g); and (5) the Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by the Administrative Agent in connection with any such transaction. Any New Term Loans made on an Increased Amount Date shall be designated a separate series (a “Series”) of New Term Loans for all purposes of this Agreement. Not more than four (4) Series of New Term Loans and one (1) New Revolving Facility may be established hereunder. On any Increased Amount Date, subject Subject to the satisfaction of the foregoing terms and conditions on any Increased Amount Date, (i) in respect of New Term Commitments, each New Term Lender shall make a loan Loan to the Borrower (a “New Term Loan”) in an amount equal to its New Term Commitment of such Series, and (ii) in respect of New Term Commitments, each New Term Lender shall become a Lender hereunder with respect to the New Term Commitment of such Series and the New Term Loans of such Series made pursuant theretothereto and (iii) in respect of New Revolving Commitments, each New Revolving Lender shall become a Lender hereunder with respect to its New Revolving Commitment. The Administrative Agent shall notify Lenders promptly upon receipt of the Borrower’s notice of each Increased Amount Date and, in respect thereof, the proposed New Term Commitments and the and/or New Term LendersRevolving Commitments, taking into account any assignments of the New Term Loans contemplated to occur promptly following the Increased Amount Dateas applicable. The terms and provisions of the New Term Loans shall be identical to the terms and provisions of the Term Loans, except as specifically set forth in the applicable Joinder Agreement; provided that, any covenant or Default applicable to any New Term Loans that is more restrictive than the equivalent covenant or Default set forth in this Agreement or is in addition to the covenants or Defaults set forth in this Agreement shall be deemed to be applicable to all the Facilities. In any event (i) the weighted average life to maturity of all New Term Loans of any Series shall be no shorter than the weighted average life to maturity of the Term A Advances or the Term B Advances, determined as of the Increased Amount Date of such New Term LoansAdvances (whichever is longest), (ii) the applicable Termination Date of each Series shall be no earlier than the final maturity of the Term A Advances or the Term B AdvancesAdvances (whichever is the latest), (iii) the applicable margin and effective yield to maturity Applicable Margin applicable to the New Term Loans of each Series shall be determined by the Borrower and the applicable new Lenders and shall be set forth in each applicable Joinder Agreement; provided however (A) that in the original issue discount or event that the upfront fees “yield” applicable to any New Term Loans shall not be more than 1.0%, (B) that exceeds the applicable margin shall not be greater than “yield” of the applicable margin payable with respect to Term B Advances by more than 0.25% unless 50 basis points (the applicable margin with respect amount of such excess above 50 basis points being referred to as the Term B Advances is increased so as to equal the applicable margin applicable to the New Term Loans and the applicable margin with respect to the Term A Advances and the Revolving Credit Advances is increased so as to equal not less than 0.25% less than the applicable margin applicable to the New Term Loans and the Term B Advances. Each Joinder Agreement may, without the consent of any other Lenders (other than the New Term Lenders), effect such amendments to this Agreement and the other Credit Documents as may be necessary or appropriate, in the opinion of the Administrative Agent to effect the provision of this Section 2.17 (including the limitations set forth above).“Yield