Common use of Delayed Draw Term Loans Clause in Contracts

Delayed Draw Term Loans. Subject to the terms and conditions of this Agreement, each Lender with a Delayed Draw Term Loan Commitment severally (and not jointly with any other Lender) agrees to make a term loan to Borrowers in accordance with Section 2.2, in its pro rata share of such requested Delayed Draw Term Loans; provided, that after giving effect to each such Delayed Draw Term Loan, (A) the outstanding balance of all Loans will not exceed the Borrowing Base and (B) the sum of each Lender’s outstanding balance of Delayed Draw Term Loans will not exceed such Lxxxxx’s Delayed Draw Term Loan Commitment. All Delayed Draw Term Loans shall be made in and repayable in Dollars. The Delayed Draw Term Loan Commitments shall expire on the Delayed Draw Expiration Date; provided that the applicable portion of the Delayed Draw Term Loan Commitment will terminate upon the funding of the corresponding Delayed Draw Term Loans by the Lenders. The Delayed Draw Term Loans are not a revolving credit facility and if repaid, may not be redrawn, and any repayments or prepayments of principal on the Delayed Draw Term Loans shall permanently reduce the Delayed Draw Term Loans.

Delayed Draw Term Loans. Subject to the terms and conditions of this Agreementset forth herein, including, without limitation, Section 2.01(d) below, each Lender with a Delayed Draw Term Loan Commitment Lender severally (and not jointly with any other Lender) agrees to make a term loan to Borrowers in accordance with Section 2.2, in its pro rata share of such requested Delayed Draw Term Loans; provided, that after giving effect to each such Delayed Draw Term Loan, (A) the outstanding balance of all Loans will not exceed the Borrowing Base and (B) the sum of each Lender’s outstanding balance of Delayed Draw Term Loans will to the Borrower during the Availability Period for the Delayed Draw Term Loan Facility, in an aggregate principal amount at any one time outstanding up to, but not exceed exceeding, the amount of such LxxxxxLender’s Delayed Draw Term Loan Commitment. All The principal amount of any Delayed Draw Term Loans shall Loan to be made in and repayable in Dollarsby any Lender shall not exceed such Lender’s remaining unfunded Delayed Draw Term Loan Commitment. Amounts borrowed under this Section 2.01(c) are collectively referred to as the “Delayed Draw Term Loan”. The Delayed Draw Term Loan Commitments shall expire on the Delayed Draw Expiration Date; provided that the applicable portion of may be funded in up to three (3) separate draws prior to the Delayed Draw Term Loan Commitment will terminate upon Termination Date, with the funding first two (2) Borrowings of the corresponding Delayed Draw Term Loans by the Lenderseach to be in a minimum amount of $25,000,000. The aggregate Delayed Draw Term Loans are not a revolving credit facility Loan Commitment shall automatically reduce immediately upon and if repaid, may not be redrawnin the principal amount of each Delayed Draw Term Loan made hereunder, and any repayments or prepayments remaining Delayed Draw Term Loan Commitments of principal the Lenders shall terminate on the Delayed Draw Term Loans shall permanently reduce the Loan Commitment Termination Date. Amounts prepaid or repaid in respect of Delayed Draw Term LoansLoans may not be reborrowed.

Delayed Draw Term Loans. Subject to the terms and conditions of this Agreement, each Lender with a Delayed Draw Term Loan Commitment severally (and not jointly with any other Lender) agrees to make a term loan Delayed Draw Term Loans to Borrowers the Borrower from time to time on or after the Initial Delayed Draw Term Loan Funding Date as requested by the Borrower in accordance with the terms of Section 2.2, in its pro rata share of such requested Delayed Draw Term Loans4.2; provided, that (a) the aggregate principal amount of all outstanding Delayed Draw Term Loans (after giving effect to each such Delayed Draw Term Loan, (Aany amount requested) the outstanding balance of all Loans will shall not exceed the Borrowing Base and (B) the sum of each Lender’s outstanding balance of Delayed Draw Term Loans will not exceed such Lxxxxx’s Delayed Draw Term Loan Commitment. All Delayed Draw Term Loans shall be made in and repayable in Dollars. The Delayed Draw Term Loan Commitments shall expire on the Delayed Draw Expiration Date; provided that the applicable portion of the Delayed Draw Term Loan Commitment will terminate upon and (b) the funding principal amount of the corresponding outstanding Delayed Draw Term Loans by from any Lender to the Lenders. The Borrower shall not at any time exceed such Lender's Delayed Draw Term Loans are Loan Commitment.. If the Initial Delayed Draw Term Loan Funding Date shall not a revolving credit facility and if repaidhave occurred on or prior to the Delayed Draw Funding Deadline, may not be redrawn, and any repayments or prepayments the Delayed Draw Term Loan Commitment of principal each applicable Lender shall terminate on the Delayed Draw Term Loans shall permanently reduce the Delayed Draw Term LoansFunding Deadline.

Delayed Draw Term Loans. Subject (a) Delayed Draw Term Loan Commitments. During the Delayed Draw Term Loan Commitment Period, subject to the terms and conditions of this Agreementhereof, each Lender with a severally agrees to make Delayed Draw Term Loans to the Borrowers in an aggregate amount up to but not exceeding such Lender’s Delayed Draw Term Loan Commitment severally (and not jointly with any other Lender) agrees to make a term loan to Borrowers in accordance with Section 2.2, in its pro rata share of such requested Delayed Draw Term LoansCommitment; provided, that after giving effect to each such the making of any Delayed Draw Term Loan, (A) in no event shall the outstanding balance of all Loans will not exceed the Borrowing Base and (B) the sum of each Lender’s outstanding balance Total Utilization of Delayed Draw Term Loans will not Loan Commitments exceed such Lxxxxx’s the Delayed Draw Term Loan CommitmentCommitments then in effect. All Any amount borrowed under this Section 2.02(a) and subsequently repaid or prepaid may not be reborrowed. Each Lender’s applicable Delayed Draw Term Loan Commitment shall expire on the Delayed Draw Term Loan Commitment Termination Date and all Delayed Draw Term Loans shall be made in and repayable in Dollars. The all other amounts owed hereunder with respect to the Delayed Draw Term Loans and the Delayed Draw Term Loan Commitments shall expire on be paid in full no later than the Delayed Draw Expiration Date; provided that the applicable portion of the Delayed Draw Term Loan Commitment will terminate upon the funding of the corresponding Delayed Draw Term Loans by the Lenders. The Delayed Draw Term Loans are not a revolving credit facility and if repaid, may not be redrawn, and any repayments or prepayments of principal on the Delayed Draw Term Loans shall permanently reduce the Delayed Draw Term LoansMaturity Date.

Delayed Draw Term Loans. Subject to the terms and conditions of this Agreementhereof (including, without limitation, Section 3.02(a)), each Lender with a Delayed Draw Term Loan Commitment severally (and not jointly with any other Lender) agrees to make a term loan one or more Term Loans to Borrowers in accordance with Section 2.2the Borrower during the period from the Closing Date until the Delayed Draw Term Loan Commitment Termination Date (collectively, in its pro rata share of such requested the “Delayed Draw Term Loans; provided, that after giving effect to each ”) in an aggregate amount for all such Delayed Draw Term Loan, (A) the outstanding balance of all Loans will not exceed the Borrowing Base and (B) the sum of each Lender’s outstanding balance of Delayed Draw Term Loans will not to exceed such LxxxxxXxxxxx’s Delayed Draw Term Loan Commitment. All Any amounts borrowed under this Section 2.01(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11 and 2.12, all amounts owed hereunder with respect to the Delayed Draw Term Loans shall be made paid in full no later than the Maturity Date. Each Lender’s Delayed Draw Term Loan Commitment shall terminate immediately and repayable without further action on the Delayed Draw Term Loan Commitment Termination Date. For the avoidance of doubt, if the Delayed Draw Term Loan Commitments have not been drawn in Dollars. The full by the Delayed Draw Term Loan Commitment Termination Date, any remaining undrawn Delayed Draw Term Loan Commitments shall expire on the Delayed Draw Expiration Date; provided that the applicable portion of the Delayed Draw Term Loan Commitment will terminate upon the funding of the corresponding Delayed Draw Term Loans by the Lenders. The Delayed Draw Term Loans are not a revolving credit facility and if repaid, may not automatically be redrawn, and any repayments or prepayments of principal on the Delayed Draw Term Loans shall permanently reduce the Delayed Draw Term Loansreduced to zero.

Delayed Draw Term Loans. Subject to the terms and conditions of this AgreementAgreement and the other Loan Documents, and in reliance upon the representations and warranties set forth in this Agreement and the other Loan Documents, each Delayed Draw Term Loan Lender severally agrees to make Delayed Draw Term Loans to the Borrower from time to time from the Closing Date through, but not including, the Delayed Draw Term Loan Expiration Date as requested by the Borrower in accordance with the terms of Section 4.2; provided that the aggregate principal amount of Delayed Draw Term Loans advanced by any such Delayed Draw Term Loan Lender over the term of this Agreement shall not exceed such Delayed Draw Term Loan Lender’s Delayed Draw Term Loan Commitment and there shall be no more than four (4) separate fundings of Delayed Draw Term Loans prior to the Delayed Draw Term Loan Expiration Date. Each Delayed Draw Term Loan advanced by a Delayed Draw Term Loan Commitment severally (and not jointly with any other Lender) agrees Lender shall be in a principal amount equal to make a term loan to Borrowers in accordance with Section 2.2, in its pro rata share of such requested Delayed Draw Term Loans; provided, that after giving effect to each such Delayed Draw Term Loan, (A) the outstanding balance of all Loans will not exceed the Borrowing Base and (B) the sum of each Loan Lender’s outstanding balance Term Loan Commitment Percentage with respect to Delayed Draw Term Loans of the aggregate principal amount of Delayed Draw Term Loans will not exceed requested on such Lxxxxx’s Delayed Draw Term Loan Commitmentoccasion. All Delayed Draw Term Loans shall be made in Amounts borrowed under this Section 4.1(b) and repayable in Dollars. The Delayed Draw Term Loan Commitments shall expire on the Delayed Draw Expiration Date; provided that the applicable portion of the Delayed Draw Term Loan Commitment will terminate upon the funding of the corresponding Delayed Draw Term Loans by the Lenders. The Delayed Draw Term Loans are not a revolving credit facility and if repaid, repaid or prepaid may not be redrawn, and any repayments or prepayments of principal on the Delayed Draw Term Loans shall permanently reduce the Delayed Draw Term Loansreborrowed.

Delayed Draw Term Loans. Subject to the terms and conditions of this Agreementset forth herein, each Delayed Draw Term Lender with severally agrees to make five (5) loans (each such loan, a “Delayed Draw Term Loan”) to Borrower, in Dollars, from time to time, on any Business Day during the Availability Period for the Delayed Draw Term Facility, in an aggregate amount not to exceed such Delayed Draw Term Lender’s Applicable Percentage of the Delayed Draw Term Facility. Each Committed Borrowing for a Delayed Draw Term Loan Commitment severally (and not jointly with any other Lender) agrees to make a term loan to Borrowers shall consist of Delayed Draw Term Loans made simultaneously by the Delayed Draw Term Lenders in accordance with Section 2.2, in its pro rata share their respective Applicable Percentage of such requested the Delayed Draw Term Facility. Committed Borrowings for a Delayed Draw Term Loans repaid or prepaid may not be reborrowed. Delayed Draw Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, that after giving effect however, any Committed Borrowings for Delayed Draw Term Loans made on the Effective Date or any of the three (3) Business Days following the Effective Date shall be made as Base Rate Loans unless Borrower delivers a Funding Indemnity Letter not less than three (3) Business Days prior to each the date of such Committed Borrowing for such Delayed Draw Term Loan, (A) the outstanding balance of all Loans will not exceed the Borrowing Base and (B) the sum of each Lender’s outstanding balance of Delayed Draw Term Loans will not exceed such Lxxxxx’s Delayed Draw Term Loan Commitment. All Delayed Draw Term Loans shall be made in and repayable in Dollars. The Delayed Draw Term Loan Commitments shall expire on the Delayed Draw Expiration Date; provided that the applicable portion of the Delayed Draw Term Loan Commitment will terminate upon the funding of the corresponding Delayed Draw Term Loans by the Lenders. The Delayed Draw Term Loans are not a revolving credit facility and if repaid, may not be redrawn, and any repayments or prepayments of principal on the Delayed Draw Term Loans shall permanently reduce the Delayed Draw Term Loans.