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

Funding of Tranche B Term Loans. On the First ------------------------------- Amendment Effective Date, each Tranche B Term Lender will make its Tranche B Term Loan Commitment Percentage of the Tranche B 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 B 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 B Term Loans are made available to the Agent. All Tranche B Term Loans on the First Amendment Effective Date shall be Base Rate Loans; provided, however, Tranche B Term Loans on the First 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 B Term Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5. No Tranche B Term Lender shall be responsible for the failure or delay by any other Tranche B Term Lender in its obligation to make a Tranche B Term Loan hereunder; provided, however, that the failure of any Tranche B Term Lender to fulfill its obligations hereunder shall not relieve any other Tranche B 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 B Term Lender, the Agent may assume that such Tranche B Term Lender has or will make the amount of its Tranche B Term Loans available to the Agent on the 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 Tranche B Term Lender. If such Tranche B Term Lender 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 B 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 B Term Loan and (ii) from a Tranche B Term Lender at the Federal Funds Rate.

Funding of Tranche B Term Loans. On the First ------------------------------- Amendment Effective Closing Date, each Tranche B Term applicable Lender will make its Tranche B Term Loan Commitment Percentage of the Tranche B 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 B 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 B Term Loans are is made available to the Agent. All The Tranche B Term Loans on shall initially bear interest at the First Amendment Effective Date shall be Base Rate Loans; provided, however, Tranche B Term Loans on plus the First 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 B Term Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5Applicable Percentage. No Tranche B Term Lender shall be responsible for the failure or delay by any other Tranche B Term Lender in its obligation to make a Tranche B Term Loan hereunder; provided, however, that the failure of any Tranche B Term Lender to fulfill its obligations hereunder shall not relieve any other Tranche B 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 B Term Lender, the Agent may assume that such Tranche B Term Lender has or will make the amount of its Tranche B Term Loans Loan Committed Amount available to the Agent on the First Amendment Effective 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 Tranche B Term Lender. If such Tranche B Term Lender does not 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 Tranche B 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 B Term Loan and (ii) from a Tranche B Term Lender at the Federal Funds Rate.

Funding of Tranche B Term Loans. On the First ------------------------------- Amendment Effective Closing Date, each Tranche B Term applicable Lender will make its Tranche B Term Loan Commitment Percentage of the Tranche B 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 B 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 B Term Loans are made available to the Administrative Agent. All Tranche B Term Loans on the First Amendment Effective Closing Date shall be Base Rate Loans; provided, however, Tranche B Term Loans on the First 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 B Term Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.52.6 and the definition of "Interest Period" set forth in Section 1.1. No Tranche B Term Lender shall be responsible for the failure or delay by any other Tranche B Term Lender in its obligation to make a Tranche B Term Loan hereunder; providedPROVIDED, howeverHOWEVER, that the failure of any Tranche B Term Lender to fulfill its obligations hereunder shall not relieve any other Tranche B 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 B Term Lender, the Administrative Agent may assume that such Tranche B Term Lender has or will make the amount of its Tranche B Term Loans available to the Administrative Agent on the First Amendment Effective Closing 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 B Term Lender. If such Tranche B Term Lender 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 B 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 B Term Loan and (ii) from a Tranche B Term Lender at 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.

Funding of Tranche B Term Loans. On the First ------------------------------- Amendment Effective Date, each Tranche B Term Lender will make its Tranche B Term Loan Commitment Percentage of the Tranche B 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 B 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 B Term Loans are made available to the Administrative Agent. All Tranche B Term Loans on the First Amendment Effective Date shall be Base Rate Loans; provided, however, Tranche B Term Loans on unless consented to otherwise by the First 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 AgentLenders. Thereafter, all or any portion -37- of the Tranche B Term Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5. No Tranche B Term Lender shall be responsible for the failure or delay by any other Tranche B Term Lender in its obligation to make a Tranche B Term Loan hereunder; provided, however, that the failure of any Tranche B Term Lender to fulfill its obligations hereunder shall not relieve any other Tranche B 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 B Term Lender, the Administrative Agent may assume that such Tranche B Term Lender has or will make the amount of its Tranche B Term Loans available to the Administrative Agent on the First Amendment 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 B Term Lender. If such Tranche B Term Lender 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 B 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 B Term Loan and (ii) from a Tranche B Term Lender at the Federal Funds Rate.. -38-

Funding of Tranche B Term Loans. On the First ------------------------------- Amendment Effective Date, each Tranche B Term applicable Lender will make its Tranche B Term Loan Commitment Percentage of the Tranche B 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 B 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 B Term Loans are made available to the Administrative Agent. All Tranche B Term Loans on the First Amendment Effective Date shall be Base Rate Loans; provided, however, Tranche B Term Loans on the First 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 B Term Loans may be converted into Eurodollar Eurocurrency Loans in accordance with the terms of Section 2.52.7 and the definition of "Interest Period" set forth in Section 1.1. No Tranche B Term Lender shall be responsible for the failure or delay by any other Tranche B Term Lender in its obligation to make a Tranche B Term Loan hereunder; provided, however, that the failure of any Tranche B Term Lender to fulfill its obligations hereunder shall not relieve any other Tranche B 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 B Term Lender, the Administrative Agent may assume that such Tranche B Term Lender has or will make the amount of its Tranche B Term Loans available to the Administrative Agent on the First Amendment 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 B Term Lender. If such Tranche B Term Lender 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 B 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 B Term Loan Adjusted Base Rate and (ii) from a Tranche B Term Lender at 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.

Funding of Tranche B Term Loans. On the First ------------------------------- Amendment Effective Date, each ------------------------------- Tranche B Term Lender will make its Tranche B Term Loan Commitment Percentage of the Tranche B 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 B 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 B Term Loans are made available to the Agent. All Tranche B Term Loans on the First Amendment Effective Date shall be Base Rate Loans; provided, however, Tranche B Term Loans on the First 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 B Term Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5. No Tranche B Term Lender shall be responsible for the failure or delay by any other Tranche B Term Lender in its obligation to make a Tranche B Term Loan hereunder; provided, however, that the failure of any Tranche B Term Lender to fulfill its obligations hereunder shall not relieve any other Tranche B 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 B Term Lender, the Agent may assume that such Tranche B Term Lender has or will make the amount of its Tranche B Term Loans available to the Agent on the 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 Tranche B Term Lender. If such Tranche B Term Lender 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 B 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 B Term Loan and (ii) from a Tranche B Term Lender at the Federal Funds Rate.