Common use of Credit Commitments Clause in Contracts

Credit Commitments. (a) Subject to the terms and conditions hereof, (i) each Term B Lender severally agrees to make a Term B Loan in Dollars to the Borrower on the Effective Date in a principal amount not exceeding its Term B Commitment and, (ii) each Revolving Lender severally agrees to make Revolving Loans in Dollars to the Borrower from time to time during the Revolving Credit Commitment Period. Amounts repaid in respect of Term B Loans may not be reborrowed. During the Revolving Credit Commitment Period the Borrower may use the Revolving Credit Commitments by borrowing, prepaying the Revolving Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. Notwithstanding anything to the contrary contained in this Agreement, in no event may Revolving Loans be borrowed under this Article II if, after giving effect thereto (and to any concurrent repayment or prepayment of Loans), (i) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Credit Commitment then in effect or (ii) the Revolving Credit Exposure of any Revolving Lender would exceed such Revolving Lender's Revolving Credit Commitment. (b) The Revolving Loans and Term B Loans may from time to time be (i) Eurodollar Loans, (ii) ABR Loans or (iii) a combination thereof, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.02 and 2.03.

Credit Commitments. (a) Subject to the terms and conditions hereof, : (i) each Each Initial Term B Lender severally agrees to make a an Initial Term B Loan in Dollars on the Restatement Date to the Borrower on in the Effective Date in a principal amount not exceeding its of the Initial Term B Commitment and, of such Initial Term Lender (net of any original issue discount thereon). (ii) each Each Revolving Lender severally agrees to make Revolving Loans in Dollars to the Borrower from time to time during the Revolving Credit Commitment Period. . (b) Amounts repaid or prepaid in respect of Term B Loans may not be reborrowed. During the Revolving Credit Commitment Period the Borrower may use the Revolving Credit Commitments by borrowing, prepaying the Revolving Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. Notwithstanding anything to the contrary contained in this Agreement, in no event may Revolving Loans be borrowed under this Article II if, after giving effect thereto (and to any concurrent repayment or prepayment of Loans), (i) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Credit Commitment then in effect or (ii) the Revolving Credit Exposure of any Revolving Lender would exceed such Revolving Lender's ’s Revolving Credit Commitment. (bc) The Revolving Loans and the Term B Loans may from time to time be (i) Eurodollar Loans, (ii) ABR Loans or (iii) a combination thereof, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.02 and 2.03. (d) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Revolving Lenders ratably in accordance with their respective Revolving Commitments. The failure of any Revolving Lender to make any Revolving Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Revolving Commitments of the Revolving Lenders are several and no Revolving Lender shall be responsible for any other Lender’s failure to make Revolving Loans as required.

Credit Commitments. (a) Subject to the terms and conditions hereof, (i) each Term B Lender severally agrees to make a Term B Loan in Dollars to the Borrower on the Effective Date in a principal amount not exceeding its Term B Commitment and, and (ii) each Revolving Lender severally agrees to make Revolving Loans in Dollars to the Borrower from time to time during the Revolving Credit Commitment Period. Amounts repaid in respect of Term B Loans may not be reborrowed. During the Revolving Credit Commitment Period the Borrower may use the Revolving Credit Commitments by borrowing, prepaying the Revolving Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. Notwithstanding anything to the contrary contained in this Agreement, in no event may Revolving Loans be borrowed under this Article II if, after giving effect thereto (and to any concurrent repayment or prepayment of Loans), (i) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Credit Commitment then in effect or (ii) the Revolving Credit Exposure of any Revolving Lender would exceed such Revolving Lender's ’s Revolving Credit Commitment. (b) The Revolving Loans and Term B Loans may from time to time be (i) Eurodollar Eurocurrency Loans, (ii) ABR Loans or (iii) a combination thereof, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.02 and 2.03; provided that no such Loan shall be made as or converted to a Eurocurrency Loan after the day that is one month prior to the Revolving Credit Maturity Date or the Term B Loan Maturity Date, as applicable. (c) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Credit Commitments. (a) Subject to the terms and conditions hereof, (i) each Term B D Lender severally agrees to make (in the manner specified in Section 1.04) a Term B D Loan in Dollars to the Borrower Borrowers on the Restatement Effective Date in a principal amount not exceeding its to exceed each such Lender’s Term B Commitment and, D Commitment; and (ii) each Revolving Lender severally agrees to make Revolving Loans in Dollars to the Borrower Borrowers from time to time during the Revolving Credit Commitment Period. Amounts repaid or prepaid in respect of Term B D Loans may not be reborrowed. During the Revolving Credit Commitment Period the Borrower Borrowers may use the Revolving Credit Commitments by borrowing, prepaying the Revolving Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. Notwithstanding anything to the contrary contained in this Agreement, in no event may Revolving Loans be borrowed under this Article II if, after giving effect thereto (and to any concurrent repayment or prepayment of Loans), (i) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Credit Commitment then in effect or (ii) the Revolving Credit Exposure of any Revolving Lender would exceed such Revolving Lender's ’s Revolving Credit Commitment. (b) The Revolving Loans and the Term B D Loans may from time to time be (i) Eurodollar Loans, (ii) ABR Loans or (iii) a combination thereof, as determined by the Borrower Representative and notified to the Administrative Agent in accordance with Sections 2.02 and 2.03. (c) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Credit Commitments. (a) Subject to the terms and conditions hereof, (i) each Term B Lender severally agrees to make a Term B Loan term loan in Dollars to the Borrower on the Effective Closing Date in a principal amount not exceeding equal to its Term B Commitment and, and (ii) each Revolving Lender severally agrees to make Revolving Loans revolving loans in Dollars to the Borrower Borrower, from time to time during the Revolving Credit Commitment Period. Amounts repaid in respect of Term B Loans may not be reborrowed. During the Revolving Credit Commitment Period the Period, Borrower may use the Revolving Credit Commitments by borrowing, prepaying the Revolving Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. Notwithstanding anything to the contrary contained in this Agreement, in no event may Revolving Loans be borrowed under this Article II if, after giving effect thereto (and to any concurrent repayment or prepayment of Loans), (i) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Credit Commitment then in effect or (ii) the Revolving Credit Exposure of any Revolving Lender would exceed such Revolving Lender's ’s Revolving Credit Commitment. (b) The Revolving Loans and Term B Loans may from time to time be (i) Eurodollar Loans, (ii) ABR Loans or (iii) a combination thereof, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.02 and 2.03. (c) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Credit Commitments. (a) Subject to the terms and conditions hereof, (i) each Term B Lender severally agrees to make a Term B Loan in Dollars to the Borrower on the Effective Date in a principal amount not exceeding its Term B Commitment and, and (ii) each Revolving Lender severally agrees to make Revolving Loans in Dollars to the Borrower from time to time during the Revolving Credit Commitment Period. Amounts repaid in respect of Term B Loans may not be reborrowed. During the Revolving Credit Commitment Period the Borrower may use the Revolving Credit Commitments by borrowing, prepaying the Revolving Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. Notwithstanding anything to the contrary contained in this Agreement, in no event may Revolving Loans be borrowed under this Article II if, after giving effect thereto (and to any concurrent repayment or prepayment of Loans), (i) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Credit Commitment then in effect or (ii) the Revolving Credit Exposure of any Revolving Lender would exceed such Revolving Lender's ’s Revolving Credit Commitment. (b) The Revolving Loans and Term B Loans may from time to time be (i) Eurodollar Eurocurrency Loans, (ii) ABR Loans or (iii) a combination thereof, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.02 and 2.03; provided that no such Loan shall be made as or converted to a Eurocurrency Loan after the day that is one month prior to the Revolving Credit Maturity Date or the Term B Loan Maturity Date, as applicable. (c) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (d) Subject to the terms and conditions and relying upon the representations and warranties set forth herein, if at any one time prior to the Term B Loan Maturity Date, the Borrower requests the Additional Term B Loans and has received Additional Term B Commitments, each Additional Term B Lender agrees, severally and not jointly, if such Additional Term B Lender has so committed pursuant to Section 2.21, to make Additional Term B Loans to the Borrower, in an aggregate principal amount not to exceed its Additional Term B Commitment and otherwise on the terms and subject to the conditions set forth in the applicable Additional Loan Assumption Agreement to which such Additional Term B Table of Contents Lender may become a party. Amounts paid or prepaid in respect of Additional Term B Loans may not be reborrowed.

Credit Commitments. (a) Subject to the terms and conditions hereof, (i) each Term B Lender severally agrees to make a Term B Loan term loan in Dollars to the Borrower on the Effective Closing Date in a principal amount not exceeding equal to its Term B Commitment andCommitment, (ii) each Revolving Lender severally agrees to make Revolving Loans revolving loans in Dollars to Borrower, from time to time during the Borrower Revolving Credit Commitment Period and (iii) each Additional Revolving Lender severally agrees to make revolving loans in Dollars to Borrower, from time to time during the Revolving Credit Commitment Period. Amounts repaid in respect of Term B Loans may not be reborrowed. During the Revolving Credit Commitment Period the Period, Borrower may use the Revolving Credit Commitments by borrowing, prepaying the Revolving Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. Notwithstanding anything to the contrary contained in this Agreement, in no event may Revolving Loans be borrowed under this Article II if, after giving effect thereto (and to any concurrent repayment or prepayment of Loans), (i) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Credit Commitment then in effect or (ii) the Revolving Credit Exposure of any Revolving Lender would exceed such Revolving Lender's ’s Revolving Credit Commitment. (b) The Revolving Loans and Term B Loans may from time to time be (i) Eurodollar Loans, (ii) ABR Loans or (iii) a combination thereof, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.02 and 2.03. (c) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (d) At any time from and after the Closing Date during the Revolving Credit Commitment Period, notwithstanding any other provision in this Agreement, an additional party or parties (each such party being an “Additional Revolving Credit Lender”) shall be permitted to commit (such commitments being the “Additional Revolving Credit Commitments”) to and to make revolving credit loans from time to time to the Borrower in Dollars and become a Lender party to this Agreement on terms agreed to between the Administrative Agent and the Borrower (including in respect of the reallocation of outstanding Revolving Loans), subject to the approval of such Lender by the Issuing Bank (such approval not to be unreasonably withheld or delayed), at which time such Lender shall become a Revolving Credit Lender for all purposes under the Loan Documents, its commitment, a Revolving Credit Commitment, its loans, Revolving Loans, and the borrowing thereof, a Revolving Credit Borrowing, in each case, for all purposes under the Loan Documents, and any such Lender shall have all the rights and responsibilities of a Revolving Credit Lender under this Agreement (including, without limitation, with respect to participations in Letters of Credit). The aggregate principal amount of Additional Revolving Credit Commitments plus the amount of Revolving Credit Commitments in effect on the Closing Date, shall not exceed $100,000,000. In the event that the Borrower receives a total of at least $100,000,000 of Revolving Credit Commitments, the Revolving LC Sublimit may be increased, at the election of the Borrower (subject to the consent of the Issuing Bank, in its sole and absolute discretion), to $65,000,000. For the avoidance of doubt, any such Additional Revolving Credit Commitment shall not be deemed an Incremental Revolving Commitment under Section 2.22 herein.