Common use of Initial Term Loans Clause in Contracts

Initial Term Loans. Subject to the terms and conditions set forth herein or in the Amendment and Restatement Agreement, each Initial Term Lender made an Initial Term Loan to the Term Borrowers on or prior to the Restatement Effective Date. The Initial Term Loans (x) are denominated in Dollars and (y) bear interest in accordance with Section 2.06. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Notwithstanding anything to the contrary contained herein (and without affecting any other provision hereof), (i) the funded portion of the Initial Term Loans made on the Original Effective Date by the Initial Term Lenders was equal to 99.0% of the principal amount thereof (it being agreed that the full principal amount of each such Initial Term Loan was deemed outstanding on the Original Effective Date and the Term Borrowers shall be obligated to repay 100% of the principal amount of each such Initial Term Loan as provided hereunder) and (ii) the funded portion of the Initial Term Loans made on the Restatement Effective Date by the Initial Term Lenders was equal to 98.5% of the principal amount thereof (it being agreed that the full principal amount of each such Initial Term Loan was deemed outstanding on the Restatement Effective Date and the Term Borrowers shall be obligated to repay 100% of the principal amount of each such Initial Term Loan as provided hereunder).

Initial Term Loans. Subject to the terms and conditions set forth herein or in the Amendment and Restatement Agreementherein, each Initial Term Lender made severally agrees to make an Initial Term Loan to the Term Borrowers on or prior the Effective Date in an aggregate principal amount equal to such Initial Term Lender’s Initial Term Commitment. The Term Borrowers may make only one borrowing of Initial Term Loans which shall consist of Initial Term Loans made simultaneously by the Restatement Initial Term Lenders on the Effective DateDate in accordance with their respective Percentage. The Initial Term Loans Loans: (x) are shall be denominated in Dollars and (y) shall bear interest in accordance with Section 2.06. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Notwithstanding anything to the contrary contained herein (and without affecting any other provision hereof), (i) the funded portion of the Initial Term Loans to be made on the Original Effective Date by the Initial Term Lenders was shall be equal to 99.0% of the principal amount thereof of the Initial Term Loans (it being agreed that the full principal amount of each such Initial Term Loan was will be deemed outstanding on the Original Effective Date and the Term Borrowers shall be obligated to repay 100% of the principal amount of each such Initial Term Loan as provided hereunder) and (ii) the funded portion of the Initial Term Loans made on the Restatement Effective Date by the Initial Term Lenders was equal to 98.5% of the principal amount thereof (it being agreed that the full principal amount of each such Initial Term Loan was deemed outstanding on the Restatement Effective Date and the Term Borrowers shall be obligated to repay 100% of the principal amount of each such Initial Term Loan as provided hereunder).

Initial Term Loans. Subject to the terms and conditions set forth herein or in the Amendment and Restatement Agreementherein, each Initial Term Loan Lender made agrees to make an Initial Term Loan to the Term Borrowers on or prior the Closing Date in an amount equal to such Initial Term Loan Lender’s Initial Term Loan Commitment. The Borrowers may make only one Borrowing under the Initial Term Loan Commitments, which shall be made on the Closing Date. Borrowers further acknowledge and agree that the Initial Term Loan Loan shall be funded at 98% of its face value; i.e. a payment of two percent (2%) of the principal amount of the Initial Term Loan shall constitute an original issue discount (the “OID”) payable to the Restatement Effective Date. The Initial Term Loans Loan Lenders and, as such, is not being advanced to Borrowers on the date hereof; provided, however, that such OID constitutes a portion of the outstanding indebtedness evidenced by this Agreement and the Note held by the Initial term Loan Lenders as of the date hereof and, for all other purposes under this Agreement and the other Loan Documents (x) are denominated including determination of interest, the Exit Fee, the Prepayment Premium and amount due on the Maturity Date), the Initial Term Loan Lenders shall be deemed to have provided an Initial Term Loan in Dollars and (y) bear interest in accordance with Section 2.06the full amount of the Initial Term Loan Commitments. Amounts Any amount borrowed under this Section 2.01(a) and subsequently repaid or prepaid may not be reborrowed. Notwithstanding anything to the contrary contained herein (and without affecting any other provision hereof), (i) the funded portion of the Initial Term Loans made on the Original Effective Date by the Initial Term Lenders was equal to 99.0% of the principal amount thereof (it being agreed that the full principal amount of each such Initial Term Loan was deemed outstanding on the Original Effective Date and the Term Borrowers shall be obligated to repay 100% of the principal amount of each such Initial Term Loan as provided hereunder) and (ii) the funded portion of the Initial Term Loans made on the Restatement Effective Date by the Initial Term Lenders was equal to 98.5% of the principal amount thereof (it being agreed that the full principal amount of each such Initial Term Loan was deemed outstanding on the Restatement Effective Date and the Term Borrowers shall be obligated to repay 100% of the principal amount of each such Initial Term Loan as provided hereunder).