Common use of Funding of Tranche A Term Loans Clause in Contracts

Funding of Tranche A Term Loans. On the Closing Date, each applicable Lender will make its Tranche A Term Loan Committed Amount available to the Agent by deposit, in Dollars and in immediately available funds, at the offices of the Agent at its principal office in Charlotte, North Carolina or at such other address as the Agent may designate in writing. The amount of the Tranche A Term Loans will then be made available to the Borrower by the Agent by crediting the account of the Borrower on the books of such office of the Agent, to the extent the amount of such Tranche A Term Loans is made available to the Agent. The Tranche A Term Loans shall initially bear interest at the Base Rate plus the Applicable Percentage. No Lender shall be responsible for the failure or delay by any other Lender in its obligation to make a Tranche A Term Loan hereunder; provided, however, that the failure of any Lender to fulfill its obligations hereunder shall not relieve any other Lender of its obligations hereunder. If the Agent shall have received an executed signature page to this Credit Agreement (whether an original or via telecopy) from a Lender, the Agent may assume that such Lender has or will make its Tranche A Term Loan Committed Amount available to the Agent on the Closing Date, and the Agent in reliance upon such assumption, may (in its sole discretion but without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Agent, the Agent shall be able to recover such corresponding amount from such Lender. If such Lender shall fail to pay such corresponding amount forthwith upon the Agent's demand therefor, the Agent will promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Agent. The Agent shall also be entitled to recover from the Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Agent to the Borrower to the date such corresponding amount is recovered by the Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for such Tranche A Term Loan and (ii) from a Lender at the Federal Funds Rate.

Funding of Tranche A Term Loans. On the Closing First ------------------------------- Amendment Effective Date, each applicable Tranche A Term Lender will make its Tranche A Term Loan Commitment Percentage of the Tranche A Term Loan Committed Amount available to the Agent by deposit, in Dollars and in immediately available funds, at the offices of the Agent at its principal office in Charlotte, North Carolina or at such other address as the Agent may designate in writing. The amount of the Tranche A Term Loans will then be made available to the Borrower by the Agent by crediting the account of the Borrower on the books of such office of the Agent, to the extent the amount of such Tranche A Term Loans is are made available to the Agent. The All Tranche A Term Loans on the First Amendment Effective Date shall initially bear interest at the be Base Rate plus Loans; provided, however, Tranche A Term Loans on the Applicable PercentageFirst Amendment Effective Date may be Eurodollar Loans if the Borrower delivers to the Agent, by no later than 11:00 a.m. three Business Days prior to the First Amendment Effective Date, a funding indemnity letter in form and substance satisfactory to the Agent. Thereafter, all or any portion of the Tranche A Term Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5. No Tranche A Term Lender shall be responsible for the failure or delay by any other Tranche A Term Lender in its obligation to make a Tranche A Term Loan hereunder; provided, however, that the failure of any Tranche A Term Lender to fulfill its obligations hereunder shall not relieve any other Tranche A Term Lender of its obligations hereunder. If the Agent shall have received an executed signature page to this Credit Agreement (whether an original or via telecopy) from a Tranche A Term Lender, the Agent may assume that such Tranche A Term Lender has or will make the amount of its Tranche A Term Loan Committed Amount Loans available to the Agent on the Closing First Amendment Effective Date, and the Agent in reliance upon such assumption, may (in its sole discretion but without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Agent, the Agent shall be able to recover such corresponding amount from such Lender. If such Lender shall fail to pay such corresponding amount forthwith upon the Agent's demand therefor, the Agent will promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Agent. The Agent shall also be entitled to recover from the Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Agent to the Borrower to the date such corresponding amount is recovered by the Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for such Tranche A Term Loan and (ii) from a Lender at the Federal Funds Rate.A

Funding of Tranche A Term Loans. On the Closing Date, each Each applicable Lender will make its Tranche A Term Loan Committed Amount Commitment Percentage of each Tranche A Term Loan advance available to the Administrative Agent by deposit, in Dollars and in immediately available funds, at the offices of the Administrative Agent at its principal office in Charlotte, North Carolina or at such other address as the Administrative Agent may designate in writing. The amount of the Tranche A Term Loans will then be made available to the Borrower by the Administrative Agent by crediting the account of the Borrower on the books of such office of the Administrative Agent, to the extent the amount of such Tranche A Term Loans is are made available to the AgentAdministrative Agent or otherwise in accordance with the Borrower's disbursement instructions. The All Tranche A Term Loans made on the Effective Date and on the Subordinated Notes Call Date shall initially bear interest at the be Base Rate plus Loans. Thereafter, all or any portion of the Applicable PercentageTranche A Term Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5. No Lender shall be responsible for the failure or delay by any other Lender in its obligation to make a Tranche A Term Loan hereunder; provided, however, that the failure of any Lender to fulfill its obligations hereunder shall not relieve any other Lender of its obligations hereunder. If the Administrative Agent shall have received an executed signature page to this Credit Agreement (whether an original or via telecopy) from a Lender, the Administrative Agent may assume that such Lender has or will make available to the Administrative Agent its Tranche A Term Loan Committed Amount available to the Agent Commitment Percentage of each Tranche A Term Loan advance on the Closing Effective Date and on the Subordinated Notes Call Date, and the Administrative Agent in reliance upon such assumption, may (in its sole discretion but without any obligation to do so) make available to the Borrower a corresponding amountamount of each Tranche A Term Loan advance. If such corresponding amount is not in fact made available to the Administrative Agent, the Administrative Agent shall be able to recover such corresponding amount from such Lender. If such Lender shall fail to does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent will promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for such Tranche A Term Loan and (ii) from a Lender at the Federal Funds Rate.

Funding of Tranche A Term Loans. On the Closing Date, each applicable Each Lender will make its Tranche A Term Loan Committed Amount Commitment Percentage of each Tranche A Term Loan advance available to the Administrative Agent by deposit, in Dollars and in immediately available funds, at the offices of the Administrative Agent at its principal office in Charlotte, North Carolina or at such other address as the Administrative Agent may designate in writing. The amount of the Tranche A Term Loans will then be made available to the Borrower by the Administrative Agent by crediting the account of the Borrower on the books of such office of the Administrative Agent, to the extent the amount of such Tranche A Term Loans is are made available to the AgentAdministrative Agent or otherwise in accordance with the Borrower's disbursement instructions. The All Tranche A Term Loans made on the Effective Date and on the Subordinated Notes Call Date shall initially bear interest at the be Base Rate plus Loans. Thereafter, all or any portion of the Applicable PercentageTranche A Term Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5. No Lender shall be responsible for the failure or delay by any other Lender in its obligation to make a Tranche A Term Loan hereunder; provided, however, that the failure of any Lender to fulfill its obligations hereunder shall not relieve any other Lender of its obligations hereunder. If the Administrative Agent shall have received an executed signature page to this Credit Agreement (whether an original or via telecopy) from a Lender, the Administrative Agent may assume that such Lender has or will make available to the Administrative Agent its Tranche A Term Loan Committed Amount available to the Agent Commitment Percentage of each Tranche A Term Loan advance on the Closing Effective Date and on the Subordinated Notes Call Date, and the Administrative Agent in reliance upon such assumption, may (in its sole discretion but without any obligation to do so) make available to the Borrower a corresponding amountamount of each Tranche A Term Loan advance. If such corresponding amount is not in fact made available to the Administrative Agent, the Administrative Agent shall be able to recover such corresponding amount from such Lender. If such Lender shall fail to does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent will promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for such Tranche A Term Loan and (ii) from a Lender at the Federal Funds Rate.

Funding of Tranche A Term Loans. On the Closing Effective Date, each applicable Lender will make its Tranche A Term Loan Commitment Percentage of the Tranche A Term Loan Committed Amount available to the Administrative Agent by deposit, in Dollars and in immediately available funds, at the offices of the Administrative Agent at its principal office in Charlotte, North Carolina or at such other address as the Administrative Agent may designate in writing. The Unless the Administrative Agent determines that any applicable condition set forth in Article IV has not been satisfied, the Administrative Agent shall make the amount of the Tranche A Term Loans will then be made funds so received available to the Borrower by the Agent by crediting the account of the Borrower on the books of such office of the Administrative Agent, to the extent the amount of such Tranche A Term Loans is made available to the Agent. The Tranche A Term Loans shall initially bear interest at the Base Rate plus the Applicable Percentage. No Lender shall be responsible for the failure or delay by any other Lender in its obligation to make a Tranche A Term Loan hereunder; provided, however, provided that the failure of any Lender to fulfill its obligations hereunder shall not relieve any other Lender of its obligations hereunder. If the Administrative Agent shall have received an executed signature page to this Credit Agreement (whether an original or via telecopy) from a Lender, the Administrative Agent may assume that such Lender has made or will make the amount of its Tranche A Term Loan Committed Amount Loans available to the Administrative Agent on the Closing Effective Date, and the Administrative Agent in reliance upon such assumption, may (in its sole discretion but without any obligation to do so) make available to the applicable Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent, the Administrative Agent shall be able to recover such corresponding amount from such Lender. If such Lender shall fail to does not pay such corresponding amount forthwith upon the Administrative Agent's ’s demand therefor, the Administrative Agent will promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for Borrower, (A) if such Tranche A Term Loan is a Eurodollar Loan, the Eurodollar Rate and (B) if such Tranche A Term Loan is a Base Rate Loan, the Base Rate and (ii) from a Lender at Lender, the Federal Funds Rate if paid within two Business Days of the date of drawing and thereafter at a rate equal to the Base Rate. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Tranche A Term Loan included in the Tranche A Term Loan Borrowing for purposes of this Agreement.

Funding of Tranche A Term Loans. On the Closing Effective Date, each applicable Tranche A Term Lender will make its Tranche A Term Loan Commitment Percentage of the Tranche A Term Loan Committed Amount available to the Administrative Agent by deposit, in Dollars and in immediately available funds, at the offices of the Administrative Agent at its principal office in CharlotteDallas, North Carolina Texas or at such other address as the Administrative Agent may designate in writing. The amount of the Tranche A Term Loans will then be made available to the Borrower by the Administrative Agent by crediting the account of the Borrower on the books of such office of the Administrative Agent, to the extent the amount of such Tranche A Term Loans is are made available to the Administrative Agent. The All Tranche A Term Loans on the Effective Date shall initially bear interest at the be Base Rate plus Loans unless consented to otherwise by the Applicable PercentageLenders. Thereafter, all or any portion of the Tranche A Term Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5. No Tranche A Term Lender shall be responsible for the failure or delay by any other Tranche A Term Lender in its obligation to make a Tranche A Term Loan hereunder; provided, however, that the failure of any Tranche A Term Lender to fulfill its obligations hereunder shall not relieve any other Tranche A Term Lender of its obligations hereunder. If the Administrative Agent shall have received an executed signature page to this Credit Agreement (whether an original or via telecopy) from a Tranche A Term Lender, the Administrative Agent may assume that such Tranche A Term Lender has or will make the amount of its Tranche A Term Loan Committed Amount Loans available to the Administrative Agent on the Closing Effective Date, and the Administrative Agent in reliance upon such assumption, may (in its sole discretion but without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent, the Administrative Agent shall be able to recover such corresponding amount from such Tranche A Term Lender. If such Tranche A Term Lender shall fail to does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent will promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Tranche A Term Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for such Tranche A Term Loan and (ii) from a Tranche A Term Lender at the Federal Funds Rate.

Funding of Tranche A Term Loans. On the Closing Effective Date, each applicable ------------------------------- Tranche A Term Lender will make its Tranche A Term Loan Commitment Percentage of the Tranche A Term Loan Committed Amount available to the Agent by deposit, in Dollars and in immediately available funds, at the offices of the Agent at its principal office in Charlotte, North Carolina or at such other address as the Agent may designate in writing. The amount of the Tranche A Term Loans will then be made available to the Borrower by the Agent by crediting the account of the Borrower on the books of such office of the Agent, to the extent the amount of such Tranche A Term Loans is are made available to the Agent. The All Tranche A Term Loans on the Effective Date shall initially bear interest at the be Base Rate plus Loans. Thereafter, all or any portion of the Applicable PercentageTranche A Term Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5. No Tranche A Term Lender shall be responsible for the failure or delay by any other Tranche A Term Lender in its obligation to make a Tranche A Term Loan hereunder; provided, however, that the failure of any Tranche A Term Lender to fulfill its obligations hereunder shall not relieve any other Tranche A Term Lender of its obligations hereunder. If the Agent shall have received an executed signature page to this Credit Agreement (whether an original or via telecopy) from a Tranche A Term Lender, the Agent may assume that such Tranche A Term Lender has or will make the amount of its Tranche A Term Loan Committed Amount Loans available to the Agent on the Closing Effective Date, and the Agent in reliance upon such assumption, may (in its sole discretion but without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Agent, the Agent shall be able to recover such corresponding amount from such Tranche A Term Lender. If such Tranche A Term Lender shall fail to does not pay such corresponding amount forthwith upon the Agent's demand therefor, the Agent will promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Agent. The Agent shall also be entitled to recover from the Tranche A Term Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Agent to the Borrower to the date such corresponding amount is recovered by the Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for such Tranche A Term Loan and (ii) from a Tranche A Term Lender at the Federal Funds Rate.

Funding of Tranche A Term Loans. On the Closing Effective Date, each applicable Lender will make its Tranche A Term Loan Commitment Percentage of the Tranche A Term Loan Committed Amount available to the Administrative Agent by deposit, in Dollars and in immediately available funds, at the offices of the Administrative Agent at its principal office in Charlotte, North Carolina or at such other address as the Administrative Agent may designate in writing. The amount of the Tranche A Term Loans will then be made available to the Borrower by the Administrative Agent by crediting the account of the Borrower on the books of such office of the Administrative Agent, to the extent the amount of such Tranche A Term Loans is are made available to the Administrative Agent. The All Tranche A Term Loans on the Effective Date shall initially bear interest at the be Base Rate plus Loans. Thereafter, all or any portion of the Applicable PercentageTranche A Term Loans may be converted into Eurocurrency Loans in accordance with the terms of Section 2.7 and the definition of "Interest Period" set forth in Section 1.1. No Lender shall be responsible for the failure or delay by any other Lender in its obligation to make a Tranche A Term Loan hereunder; provided, however, that the failure of any Lender to fulfill its obligations hereunder shall not relieve any other Lender of its obligations hereunder. If the Administrative Agent shall have received an executed signature page to this Credit Agreement (whether an original or via telecopy) from a Lender, the Administrative Agent may assume that such Lender has or will make the amount of its Tranche A Term Loan Committed Amount Loans available to the Administrative Agent on the Closing Effective Date, and the Administrative Agent in reliance upon such assumption, may (in its sole discretion but without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Agent, the Agent shall be able to recover such corresponding amount from such Lender. If such Lender shall fail to pay such corresponding amount forthwith upon the Agent's demand therefor, the Agent will promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Agent. The Agent shall also be entitled to recover from the Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Agent to the Borrower to the date such corresponding amount is recovered by the Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for such Tranche A Term Loan and (ii) from a Lender at the Federal Funds Rate.If