Common use of Existing Loans and Commitments Clause in Contracts

Existing Loans and Commitments. Notwithstanding anything to the contrary herein (including Section 4.01(m)), all loans and commitments of each lender under the Existing Credit Agreement that (a) is not a Lender upon the effectiveness of this Fifth Amended and Restated Credit Agreement (an “Exiting Lender”) or (b) is such a Lender but whose applicable commitments under the Existing Credit Agreement are greater than such Lender’s applicable Commitments under this Fifth Amended and Restated Credit Agreement, shall be reallocated (in the case of clause (b) to the extent of the applicable reduction) among the Lenders on the Fifth Amendment and Restatement Effective Date in accordance with Schedules 2.01 and 2.04, respectively and shall be deemed to have remained outstanding at all times. For the avoidance of doubt, upon the effectiveness of this Fifth Amended and Restated Credit Agreement, any Lender on the Fifth Amendment and Restatement Effective Date with (w) an Effective Date Term Commitment in excess of the aggregate principal amount of its outstanding Term Loans immediately prior to the effectiveness of this Fifth Amended and Restated Credit Agreement and/or (x) a Multicurrency Revolving Commitment and/or USD Revolving Commitment in excess of its Multicurrency Revolving Commitment and/or USD Revolving Commitment, respectively, immediately prior to the effectiveness of this Fifth Amended and Restated Credit Agreement, in each case, shall fund to the Administrative Agent for the account of each lender under the Existing Credit Agreement that (y) is an Exiting Lender or (z) is a Lender hereunder but whose applicable commitments under the Existing Credit Agreement are less than such Lender’s applicable Commitments under the Fifth Amended and Restated Credit Agreement, in each case, the amounts necessary to effect the reallocation contemplated by the previous sentence. Any modifications to this Agreement requiring the consent of all Lenders or all affected Lenders (but, for the avoidance of doubt, not Required Lenders) shall be deemed to have been provided by the Lenders hereto on the Fifth Amendment and Restatement Effective Date and for purposes of such voting all Exiting Lenders shall have been deemed to have assigned their Loans and Commitments under the Existing Credit Agreement immediately prior to such amendment as set forth above and in compliance with Section 2.22 (for the avoidance of doubt, such Section 2.22 being deemed amended as set forth herein by the Required Lenders immediately prior to such other amendments and, solely for the purposes of this Section 2.26, waiving any applicable requirements of Section 10.04).

Existing Loans and Commitments. Notwithstanding anything to the contrary herein (including Section 4.01(m)), all loans and commitments of each lender under the Existing Credit Agreement that (a) is not a Lender upon the effectiveness of this Fifth Fourth Amended and Restated Credit Agreement (an “Exiting Lender”) or (b) is such a Lender but whose applicable commitments under the Existing Credit Agreement are greater than such Lender’s applicable Commitments under this Fifth the Fourth Amended and Restated Credit Agreement, Agreement shall be reallocated (in the case of clause (b) to the extent of the applicable reduction) among the Lenders on the Fifth Fourth Amendment and Restatement Effective Date in accordance with Schedules 2.01 and 2.04, respectively and shall be deemed to have remained outstanding at all times. For the avoidance of doubt, upon the effectiveness of this Fifth Fourth Amended and Restated Credit Agreement, any Lender on the Fifth Fourth Amendment and Restatement Effective Date with (w) an Effective Date a Euro Term Commitment and/or USD Term Commitment in excess of the aggregate principal amount of its outstanding Euro Term Loans and/or USD Term Loans, respectively, immediately prior to the effectiveness of this Fifth Fourth Amended and Restated Credit Agreement and/or (x) a Multicurrency Euro Revolving Commitment and/or USD Revolving Commitment in excess of its Multicurrency Euro Revolving Commitment and/or USD Revolving Commitment, respectively, immediately prior to the effectiveness of this Fifth Fourth Amended and Restated Credit Agreement, in each case, shall fund to the Administrative Agent for the account of each lender under the Existing Credit Agreement that (y) is an Exiting not a Lender upon the effectiveness of this Fourth Amended and Restated Credit Agreement or (z) is such a Lender hereunder but whose applicable commitments under the Existing Credit Agreement are less than such Lender’s applicable Commitments under the Fifth Fourth Amended and Restated Credit Agreement, in each case, the amounts necessary to effect the reallocation contemplated by the previous sentence. Any modifications to this Agreement requiring the consent of all Lenders or all affected Lenders (but, for the avoidance of doubt, not Required Lenders) shall be deemed to have been provided by the Lenders hereto on the Fifth Amendment and Restatement Effective Date and for purposes of such voting all Exiting Lenders shall have been deemed to have assigned their Loans and Commitments under the Existing Credit Agreement immediately prior to such amendment as set forth above and in compliance with Section 2.22 (for the avoidance of doubt, such Section 2.22 being deemed amended as set forth herein by the Required Lenders immediately prior to such other amendments and, solely for the purposes of this Section 2.26, waiving any applicable requirements of Section 10.04).

Existing Loans and Commitments. Notwithstanding anything to the contrary herein (including Section 4.01(m)), all loans and commitments of each lender under the Existing Credit Agreement that (a) is not a Lender upon the effectiveness of this Fifth Eighth Amended and Restated Credit Agreement (an “Exiting Lender”) or (b) is such a Lender but whose applicable commitments under the Existing Credit Agreement are greater than such Lender’s applicable Commitments under this Fifth Eighth Amended and Restated Credit Agreement, shall be reallocated (in the case of clause (b) to the extent of the applicable reduction) among the Lenders on the Fifth Eighth Amendment and Restatement Effective Date in accordance with Schedules 2.01 and 2.04, respectively and shall be deemed to have remained outstanding at all times. For the avoidance of doubt, upon the effectiveness of this Fifth Eighth Amended and Restated Credit Agreement, any Lender on the Fifth Eighth Amendment and Restatement Effective Date with (w) an Effective Date a Term Commitment in excess of the aggregate principal amount of its outstanding Term Loans immediately prior to the effectiveness of this Fifth Eighth Amended and Restated Credit Agreement and/or (x) a Multicurrency Revolving Commitment and/or USD Revolving Commitment in excess of its Multicurrency Revolving Commitment and/or USD Revolving Commitment, respectively, immediately prior to the effectiveness of this Fifth Eighth Amended and Restated Credit Agreement, in each case, shall fund to the Administrative Agent for the account of each lender under the Existing Credit Agreement that (y) is an Exiting Lender or (z) is a Lender hereunder but whose applicable commitments under the Existing Credit Agreement are less than such Lender’s applicable Commitments under the Fifth Eighth Amended and Restated Credit Agreement, in each case, the amounts necessary to effect the reallocation contemplated by the previous sentence. Any modifications to this Agreement requiring the consent of all Lenders or all affected Lenders (but, for the avoidance of doubt, not Required Lenders) shall be deemed to have been provided by the Lenders hereto on the Fifth Eighth Amendment and Restatement Effective Date and for purposes of such voting all Exiting Lenders shall have been deemed to have assigned their Loans and Commitments under the Existing Credit Agreement immediately prior to such amendment as set forth above and in compliance with Section 2.22 2.23 (for the avoidance of doubt, such Section 2.22 being deemed amended as set forth herein by the Required Lenders immediately prior to such other amendments and, solely for the purposes of this Section 2.26, waiving any applicable requirements of Section 10.04).

Existing Loans and Commitments. Notwithstanding anything to the contrary herein (including Section 4.01(m)), all loans and commitments of each lender under the Existing Credit Agreement that (a) is not a Lender upon the effectiveness of this Fifth Sixth Amended and Restated Credit Agreement (an “Exiting Lender”) or (b) is such a Lender but whose applicable commitments under the Existing Credit Agreement are greater than such Lender’s applicable Commitments under this Fifth Sixth Amended and Restated Credit Agreement, shall be reallocated (in the case of clause (b) to the extent of the applicable reduction) among the Lenders on the Fifth Sixth Amendment and Restatement Effective Date in accordance with Schedules 2.01 and 2.04, respectively and shall be deemed to have remained outstanding at all times. For the avoidance of doubt, upon the effectiveness of this Fifth Sixth Amended and Restated Credit Agreement, any Lender on the Fifth Sixth Amendment and Restatement Effective Date with (w) an Effective Date a Term Commitment in excess of the aggregate principal amount of its outstanding Term Loans immediately prior to the effectiveness of this Fifth Sixth Amended and Restated Credit Agreement and/or (x) a Multicurrency Revolving Commitment and/or USD Revolving Commitment in excess of its Multicurrency Revolving Commitment and/or USD Revolving Commitment, respectively, immediately prior to the effectiveness of this Fifth Sixth Amended and Restated Credit Agreement, in each case, shall fund to the Administrative Agent for the account of each lender under the Existing Credit Agreement that (y) is an Exiting Lender or (z) is a Lender hereunder but whose applicable commitments under the Existing Credit Agreement are less than such Lender’s applicable Commitments under the Fifth Sixth Amended and Restated Credit Agreement, in each case, the amounts necessary to effect the reallocation contemplated by the previous sentence. Any modifications to this Agreement requiring the consent of all Lenders or all affected Lenders (but, for the avoidance of doubt, not Required Lenders) shall be deemed to have been provided by the Lenders hereto on the Fifth Sixth Amendment and Restatement Effective Date and for purposes of such voting all Exiting Lenders shall have been deemed to have assigned their Loans and Commitments under the Existing Credit Agreement immediately prior to such amendment as set forth above and in compliance with Section 2.22 (for the avoidance of doubt, such Section 2.22 being deemed amended as set forth herein by the Required Lenders immediately prior to such other amendments and, solely for the purposes of this Section 2.26, waiving any applicable requirements of Section 10.04).