Common use of Effectiveness of Refinancing Amendment Clause in Contracts

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a) and (b) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (A) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (B) reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a) and (b) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 shall be deemed to refer to the effective date of such Refinancing Amendment)[Reserved]; (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 if such amount is equal to (x) the entire outstanding principal amount of Refinanced DebtDebt that is in the form of Term Loans or (y) the entire principal amount of Refinanced Debt (or commitments) that is in the form of Revolving Credit Commitments); and; (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (Ax) customary legal opinions, good standing certificates, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (By) reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders Commitments and Refinancing Loans are provided with the benefit of the applicable Loan Documents; and (iv) the Refinancing Term Loans made pursuant to any increase in any existing Class of Term Loans shall be added to (and form part of) each Borrowing of outstanding Term Loans under the respective Class so incurred on a pro rata basis (based on the principal amount of each Borrowing) so that each Lender under such Class will participate proportionately in each then outstanding Borrowing of Term Loans under such Class after giving effect to such increase; provided that regularly accruing interest and fees through the date of the applicable Refinancing Facility Closing Date (as well as amounts owing to any Lender pursuant to Sections 3.01, 3.04, 3.05, 10.04 and 10.05 or similar provisions pursuant to the other Loan Documents) shall remain payable to the respective Lenders to which such amounts were owing.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a4.03(a)(i) and (bii) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 4.03 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) Unless otherwise agreed by the Refinancing Arranger, each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 25,000,000, and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 1,000,000, if such amount is equal to the entire outstanding principal amount of Refinanced Debt); and (iii) to the extent reasonably requested by the Administrative AgentRefinancing Arranger, receipt by the Administrative Agent Refinancing Arranger of (A) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Funding Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent Refinancing Arranger and (B) reaffirmation agreements and/or such amendments to the Collateral Security Documents as may be reasonably requested by the Administrative Agent Refinancing Arranger in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such unless otherwise agreed by the Refinancing CommitmentsArranger, the conditions of Sections 4.02(a) and (b) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 25,000,000, and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 1,000,000, if such amount is equal to the entire outstanding principal amount of Refinanced Debt); and (iiiii) to the extent reasonably requested by the Administrative AgentRefinancing Arranger, receipt by the Administrative Agent Refinancing Arranger of (A) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Funding Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent Refinancing Arranger and (B) reaffirmation agreements and/or such amendments to the Collateral Security Documents as may be reasonably requested by the Administrative Agent Refinancing Arranger in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitmentscommitments, except as otherwise agreed by the conditions Refinancing Lenders, (x) the representations and warranties of Sections 4.02(a) each Loan Party set forth in Article III and (b) in each other Loan Document shall be satisfied (it being understood true and correct in all material respects on and as of the Refinancing Facility Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date; provided, further, that, any representation and warranty that all references is qualified as to “the date of such Credit Extensionmateriality,” “Material Adverse Effect” or similar language in such Section 4.02 shall be deemed true and correct (after giving effect to refer to any qualification therein) in all respects on such respective dates, and (y) except as otherwise agreed by the effective date Refinancing Lenders, no Default shall exist or would result from the Refinancing Loan or from the application of such Refinancing Amendment)the proceeds therefrom; (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 5,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 5,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced DebtDebt that is in the form of Loans); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (Ai) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Effective Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (Bii) reaffirmation agreements and/or such amendments to the Collateral Loan Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a4.02(i) and (bii) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (A) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (B) reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a4.02(i) and (bii) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 and not in an increment of $1,000,000 if such amount is equal to (x) the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount Debt that is not less than $10,000,000 and shall be in an increment the form of $1,000,000 Term Loans or (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 if such amount is equal to y) the entire outstanding principal amount of Refinanced DebtDebt that is in the form of Revolving Credit Commitments); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (Ai) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (Bii) reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a4.03(a)(i) and (bii) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 4.03 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) Unless otherwise agreed by the Administrative Agent, each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 25,000,000, and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 1,000,000, if such amount is equal to the entire outstanding principal amount of Refinanced Debt); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (A) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Funding Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (B) reaffirmation agreements and/or such amendments to the Collateral Security Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a4.02(i) and (bii) shall be satisfied (it being understood that all references to “the date of such Credit ExtensionBorrowing” or similar language in such Section 4.02 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (Ai) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (Bii) reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a5.02(a) and (b) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 5.02 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 5,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 5,000,000 and not in an increment of $1,000,000 if such amount is equal to (x) the entire outstanding principal amount of the Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount Debt that is not less than $10,000,000 and shall be in an increment the form of $1,000,000 Term Loans or (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 if such amount is equal to y) the entire outstanding principal amount of Refinanced DebtDebt that is in the form of Revolving Credit Commitments); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (Ai) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change Change in lawLaw, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (Bii) reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Credit Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitmentscommitments, except as otherwise agreed by the conditions Refinancing Lenders, (x) the representations and warranties of Sections 4.02(a) each Loan Party set forth in Article III and (b) in each other Loan Document shall be satisfied (it being understood true and correct in all material respects on and as of the Refinancing Facility Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date; provided, further, that, any representation and warranty that all references is qualified as to “the date of such Credit Extensionmateriality,” “Material Adverse Effect” or similar language in such Section 4.02 shall be deemed true and correct (after giving effect to refer to any qualification therein) in all respects on such respective dates, and (y) except as otherwise agreed by the effective date Refinancing Lenders, no Default shall exist or would result from the Refinancing Loan or from the application of such Refinancing Amendment)the proceeds therefrom; (ii) unless the Administrative Agent otherwise agrees, each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 5,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 5,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced DebtDebt that is in the form of Loans); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (Ai) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Effective Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (Bii) reaffirmation agreements and/or such amendments to the Collateral Loan Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Tranche Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a) and (b) Section 3.02 shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 3.02 shall be deemed to refer to the effective date of such applicable Refinancing AmendmentTranche Closing Date);, (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 5,000,000 and shall be in an increment of $1,000,000 1,000,000, (provided that such amount may be less than $25,000,000 5,000,000, and not in an increment of $1,000,000 1,000,000, if such amount is equal to (x) the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount Debt that is not less than $10,000,000 and shall be in an increment the form of $1,000,000 Term Loans or (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 if such amount is equal to y) the entire outstanding principal amount of Refinanced DebtDebt (or commitments) that is in the form of Revolving Commitments); , and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (A) customary legal opinions, good standing certificates, board resolutions and resolutions, officers’ certificates (including solvency certificates) and/or reaffirmation agreements consistent in all material respects with those delivered on the Closing Date under Section 3.01 (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (B) reaffirmation agreements and/or such Agent), including any supplements or amendments to the Collateral Documents as may providing for such Refinancing Commitments and Refinancing Loans to be reasonably requested secured thereby by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit Collateral of the applicable Loan DocumentsCredit Parties.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a4.02(i) and (bii) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 1,000,000 in the case of a Refinancing Revolving Credit Commitment and shall be $15,000,000 in an increment the case of $1,000,000 a Refinancing Term Commitment (provided that such amount may be less than $25,000,000 1,000,000 and not in an increment of $1,000,000 15,000,000, respectively, if such amount is equal to (x) the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount Debt that is not less than $10,000,000 and shall be in an increment the form of $1,000,000 Term Loans or (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 if such amount is equal to y) the entire outstanding principal amount of Refinanced DebtDebt that is in the form of Revolving Credit Commitments); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (Ai) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (Bii) reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a) and (b) shall be satisfied (it being understood that all references to “the date of such Credit ExtensionBorrowing” or similar language in such Section 4.02 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (A) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (B) reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitmentscommitments, except as otherwise agreed by the conditions Refinancing Lenders, (x) the representations and warranties of Sections 4.02(a) each Loan Party set forth in Article III and (b) in each other Loan Document shall be satisfied (it being understood true and correct in all material respects on and as of the Refinancing Facility Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date; provided, further, that, any representation and warranty that all references is qualified as to “the date of such Credit Extensionmateriality,” “Material Adverse Effect” or similar language in such Section 4.02 shall be deemed true and correct (after giving effect to refer to any qualification therein) in all respects on such respective dates, and (y) except as otherwise agreed by the effective date Refinancing Lenders, no Default shall exist or would result from the Refinancing Loan or from the application of such Refinancing Amendment);the proceeds therefrom; Table of Contents (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 5,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 5,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced DebtDebt that is in the form of Loans); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (Ai) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Effective Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (Bii) reaffirmation agreements and/or such amendments to the Collateral Loan Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: : (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a5.02(a) and (b) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 5.02 shall be deemed to refer to the effective date of such Refinancing Amendment); ; (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 5,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 5,000,000 and not in an increment of $1,000,000 if such amount is equal to (x) the entire outstanding principal amount of the Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount Debt that is not less than $10,000,000 and shall be in an increment the form of $1,000,000 Term Loans or (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 if such amount is equal to y) the entire outstanding principal amount of Refinanced DebtDebt that is in the form of Revolving Credit Commitments); and and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (Ai) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change Change in lawLaw, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (Bii) reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Credit Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a4.03(a)(i) and (bii) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 4.03 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) Unless otherwise agreed by the Administrative Agent, each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 25,000,000, and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 1,000,000, if such amount is equal to the entire outstanding principal amount of Refinanced Debt); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (A) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (B) reaffirmation agreements and/or such amendments to the Collateral Security Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a4.03(a) and (b) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 4.02 4.03 shall be deemed to refer to the effective date of such Refinancing Amendment); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 1,000,000 in the case of a Refinancing Revolving Credit Commitment and shall be $15,000,000 in an increment the case of $1,000,000 a Refinancing Term Commitment (provided that such amount may be less than $25,000,000 1,000,000 and not in an increment of $1,000,000 15,000,000, respectively, if such amount is equal to (x) the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount Debt that is not less than $10,000,000 and shall be in an increment the form of $1,000,000 Term Loans or (provided that such amount may be less than $10,000,000 and not in an increment of $1,000,000 if such amount is equal to y) the entire outstanding principal amount of Refinanced DebtDebt that is in the form of Revolving Credit Commitments); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (Ai) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (Bii) reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Documents.

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Facility Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Commitments, the conditions of Sections 4.02(a3.02 (i) and (bii) shall be satisfied (it being understood that all references to “the date as of such Credit ExtensionDate” or similar language in such Section 4.02 3.02 shall be deemed to refer to the effective date Refinancing Facility Closing Date of such Refinancing Amendment); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $25,000,000 5,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $25,000,000 5,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt) and each Refinancing Revolving Credit Commitment shall be in an aggregate principal amount that is not less than $10,000,000 5,000,000 and shall be in an increment of $1,000,000 (provided that such amount may be less than $10,000,000 5,000,000 and not in an increment of $1,000,000 if such amount is equal to the entire outstanding principal amount of Refinanced Debt); and (iii) to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (A) customary legal opinions, board resolutions and officers’ certificates (including solvency certificates) consistent with those delivered on the Closing Date (conformed as appropriate) other than changes to such legal opinions resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (B) reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Refinancing Lenders are provided with the benefit of the applicable Loan Credit Documents.