Common use of Making the Loans Clause in Contracts

Making the Loans. (a) Each Loan shall be made on notice, given not later than 12:00 Noon (Charlotte, North Carolina time) on the third Business Day prior to the date of the proposed Loan in the case of a Eurodollar Rate Loan, or the first Business Day prior to the date of the proposed Loan in the case of a Base Rate Loan, by the Borrower to the Lender. Each such notice of a Loan (a "Notice of Loan") shall be by telephone, confirmed immediately in writing, or telecopier or telex, specifying therein the requested (i) date of such Loan, (ii) Type of such Loan, (iii) aggregate amount of such Loan, and (iv) in the case of a Eurodollar Rate Loan, initial Interest Period for such Loan. Upon fulfillment of the applicable conditions set forth in Article III, the Lender will make such funds available to the Borrower at its Applicable Lending Office. (b) Anything in subsection (a) above to the contrary notwithstanding, (i) the Borrower may not select Eurodollar Rate Loans for any Loan if the amount of such Loan is less than $250,000 or if the obligation of the Lender to make Eurodollar Rate Loans shall then be suspended pursuant to Section 2.07 or 2.10(c) and (ii) no more than five separate Eurodollar Rate Loans may be outstanding at any time. (c) Each Notice of Loan shall be irrevocable and binding on the Borrower. In the case of any Loan that the related Notice of Loan specifies it to be a Eurodollar Rate Loan, the Borrower shall indemnify the Lender against any loss, cost or expense incurred by the Lender as a result of any failure to fulfill on or before the date specified in the Notice of Loan for such Loan the applicable conditions set forth in Article III and if, as a result of such failure, the related Loan is not made on such date, the Borrower will pay to the Lender an amount equal to the present value (calculated in accordance with this Section 2.02(c)) of interest for the Interest Period specified in such Notice of Loan on the amount of such Loan, at a rate per annum equal to the excess of (a) the Eurodollar Rate that would have been in effect for such Interest Period over (b) the Eurodollar Rate applicable on the date of determination to a deemed Interest Period ending on the last day of such Interest Period. The present value of such additional interest shall be calculated by discounting the amount of such interest for each day in the Interest Period specified in such Notice of Loan from such day to the date of such repayment or termination at an interest rate per annum equal to the interest rate determined pursuant to the immediately preceding sentence, and by adding all such amounts for all such days during such

Making the Loans. (a) From and after the Effective Date, at the written request of the Company and upon the satisfaction of the conditions precedent set forth in SECTION 3.02, Lender shall issue, execute and deliver (i) to the applicable Borrower a Project Commitment and (ii) to the applicable Construction Lender and such Borrower a Take-Out Agreement, pursuant to which agreements, Lender shall confirm its commitment to make the applicable Loan with respect to the related Project. (b) Each Loan shall be made on notice, given in accordance with the terms of the applicable Project Commitment upon delivery of a Notice of Borrowing not later than 12:00 Noon 11:00 A.M. (Charlotte, North Carolina New York City time) on the third (3rd) Business Day prior to the date of the proposed Loan in the case of a Eurodollar Rate Loan, or the first Business Day prior to the date of the proposed Loan in the case of a Base Rate Loan, by the applicable Borrower to the Lender. Each such Such notice of a Loan (a the "Notice of LoanNOTICE OF BORROWING") shall be by telephone, confirmed immediately substantially in writing, or telecopier or telex, specifying the form of EXHIBIT A attached hereto and shall specify therein the requested (i) date of such Loan, (ii) Type of such Loan, (iii) aggregate amount of such Loan, and (iv) in the case of a Eurodollar Rate Loan, initial Interest Period for such Loan. Upon fulfillment satisfaction of the applicable conditions precedent to Lender's obligations to make such Loan set forth in Article IIIARTICLE III and the applicable Project Commitment, the Lender will shall make such funds available Loan available, before 11:00 A.M. (New York City time) on the applicable Closing Date, to such Borrower in accordance with the Borrower at its Applicable Lending Office. (b) Anything in subsection (a) above to the contrary notwithstanding, (i) the Borrower may not select Eurodollar Rate Loans for any Loan if the amount of such Loan is less than $250,000 or if the obligation terms of the Lender to make Eurodollar Rate Loans shall then be suspended pursuant to Section 2.07 or 2.10(c) related Project Commitment and (ii) no more than five separate Eurodollar Rate Loans may be outstanding at any timeTake-Out Agreement. (c) Each Loan shall be in a principal amount equal to the least of (i) the outstanding principal amount of and accrued and unpaid interest on the related Construction Loan; (ii) eighty percent (80%) of the fair market value (determined without any reduction on account of (i) any special, extraordinary or other non-recurring charges or expenses associated with a new opening or the initial 12 months of lease-up or (ii) operating deficits during the initial 12 months of operation) of the applicable Project (as determined by the Appraisal delivered to Lender pursuant to SECTION 3.02); and (iii) ninety percent (90%) of the Project Costs of the applicable Project; provided, however, that no such Loan shall be in an amount less than One Million and No/100 Dollars ($1,000,000.00), except that the final Loan may be in an amount equal to the then entire unused Commitment. (d) Each Notice of Loan Borrowing from a Borrower to Lender shall be irrevocable and binding on the such Borrower. In the case of any Loan that the related Notice of Loan specifies it to be Borrowing delivered by a Eurodollar Rate LoanBorrower, the Company and such Borrower shall indemnify the and hold harmless Lender against any loss, cost or expense incurred by the Lender as a result of any failure to fulfill on or before the date specified in the such Notice of Loan for such Loan Borrowing the applicable conditions set forth in Article III and ifARTICLE III, including, without limitation, any loss (including loss of anticipated profits) cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by Lender to fund the Loan when the Loan, as a result of such failure, the related Loan is not made on such date, . (e) The Company shall have the right to designate a single Borrower will pay to the Lender an amount equal receive all Loans to the present value (calculated be funded in accordance herewith within any sixty (60) day period; provided, however, that no single Borrower shall be designated to receive Loans in an aggregate principal amount exceeding Thirty Million and No/100 Dollars ($30,000,000). Each such Borrower shall be a corporation, limited partnership or limited liability company that is organized (and, in the case of a limited partnership or limited liability company, whose general partner or managing member is organized) as a Special Purpose Entity; provided, however, that, subject to SECTION 7.02, such Person shall not be required to comply with this Section 2.02(c)CLAUSE (Y) of interest for the Interest Period specified in such Notice of Loan on the amount of such Loan, at a rate per annum equal to the excess of (a) the Eurodollar Rate that would have been in effect for such Interest Period over (b) the Eurodollar Rate applicable on the date of determination to a deemed Interest Period ending on the last day of such Interest Period. The present value of such additional interest shall be calculated by discounting the amount of such interest for each day in the Interest Period specified in such Notice of Loan from such day to the date of such repayment or termination at an interest rate per annum equal to the interest rate determined pursuant to the immediately preceding sentence, and by adding all such amounts for all such days during suchEXHIBIT G.

Making the Loans. (a) Each Loan shall be made on notice, given not later than 12:00 Noon (Charlotte, North Carolina New York time) on the third Business Day prior to the date of the proposed Loan in the case of a Eurodollar Rate Loan, or the first Business Day prior to the date of the proposed Loan in the case of a Base Rate Loan, by the Borrower to the Lender. Each such notice of a Loan (a "Notice of Loan") shall be by telephone, confirmed immediately in writing, or telecopier or telex, specifying therein the requested (i) date of such Loan, (ii) Type of such Loan, (iii) aggregate amount of such Loan, and (iv) in the case of a Eurodollar Rate Loan, initial Interest Period for such Loan. Upon fulfillment of the applicable conditions set forth in Article III, the Lender will make such funds available to the Borrower at its Applicable Lending Office.. ` (b) Anything in subsection (a) above to the contrary notwithstanding, (i) the Borrower may not select Eurodollar Rate Loans for any Loan if the amount of such Loan is less than $250,000 or if the obligation of the Lender to make Eurodollar Rate Loans shall then be suspended pursuant to Section 2.07 or 2.10(c) and (ii) no more than five separate Eurodollar Rate Loans may be outstanding at any time. (c) Each Notice of Loan shall be irrevocable and binding on the Borrower. In the case of any Loan that the related Notice of Loan specifies it to be a Eurodollar Rate Loan, the Borrower shall indemnify the Lender against any loss, cost or expense incurred by the Lender as a result of any failure to fulfill on or before the date specified in the Notice of Loan for such Loan the applicable conditions set forth in Article III and if, as a result of such failure, the related Loan is not made on such date, the Borrower will pay to the Lender an amount equal to the present value (calculated in accordance with this Section 2.02(c)) of interest for the Interest Period specified in such Notice of Loan on the amount of such Loan, at a rate per annum equal to the excess of (a) the Eurodollar Rate that would have been in effect for such Interest Period over (b) the Eurodollar Rate applicable on the date of determination to a deemed Interest Period ending on the last day of such Interest Period. The present value of such additional interest shall be calculated by discounting the amount of such interest for each day in the Interest Period specified in such Notice of Loan from such day to the date of such repayment or termination at an interest rate per annum equal to the interest rate determined pursuant to the immediately preceding sentence, and by adding all such amounts for all such days during suchsuch period. The determination by the Lender of such amount of interest shall be conclusive and binding, absent manifest error.

Making the Loans. (a) Each Loan The Borrower shall be made on noticegive the Administrative Agent prior notice in writing, given in substantially the form of Exhibit C hereto (a “Notice of Borrowing”) or such other form approved by the Administrative Agent, not later than 12:00 Noon noon (Charlotte, North Carolina New York City time) on the third date which is (i) in the case of the Initial Term Loan, three (3) Business Day Days prior to the Effective Date, (ii) three (3) Business Days prior to the date of the proposed Revolving Loan (or such shorter period as the Administrative Agent is willing to accommodate from time to time, but in no event later than 12:00 noon (New York City time) on the borrowing date of the proposed Loan), (iii) in the case of a Eurodollar Rate the Additional Term Loan, or the first Business Day prior to the date of the proposed Loan in the case of a Base Rate LoanAmendment No. 6 Effective Date, by the Borrower to the Lender. Each such notice of a Loan (a "Notice of Loan") shall be by telephone, confirmed immediately in writing, or telecopier or telex, specifying therein the requested (i) date of such Loan, (ii) Type of such Loan, (iii) aggregate amount of such Loan, and (iv) in the case of a Eurodollar Rate the Second Additional Term Loan, initial Interest Period for such the Amendment No. 7 Effective Date, or (v) in the case of any 2023 Incremental Revolving Loan, in accordance with Section 5.03(c)(iii). Upon fulfillment Such Notice of the applicable conditions set forth in Article III, the Lender will make such funds available to the Borrower at its Applicable Lending Office. (b) Anything in subsection (a) above to the contrary notwithstanding, Borrowing shall be irrevocable and shall specify (i) the Borrower may not select Eurodollar Rate Loans for any Loan if the principal amount of the proposed Loan, and, with respect to any 2023 Incremental Revolving Loan, shall be $3,000,000, (ii) whether such Loan is less than $250,000 requested to be a Revolving Loan, the Initial Term Loan, the Additional Term Loan or if the obligation Second Additional Term Loan, (iii) whether the Loan is requested to be a Reference Rate Loan or a SOFR Loan, (iv) the use of the Lender to make Eurodollar Rate Loans shall then be suspended pursuant to Section 2.07 or 2.10(cproceeds of such proposed Loan, (v) and Borrower’s account wiring instructions (ii) no more than five separate Eurodollar Rate Loans may be outstanding at any time. (c) Each Notice of Loan shall be irrevocable and binding on the Borrower. In which, in the case of any Loan that the related Notice of Loan specifies it to 2023 Incremental Revolving Loan, shall be the Blocked Account wiring instructions), and (vi) the proposed borrowing date, which must be a Eurodollar Rate Business Day, with respect to the Initial Term Loan, must be the Borrower shall indemnify the Lender against any lossEffective Date, cost or expense incurred by the Lender as a result of any failure to fulfill on or before the date specified in the Notice of Loan for such Loan the applicable conditions set forth in Article III and if, as a result of such failure, the related Loan is not made on such date, the Borrower will pay with respect to the Lender an amount equal Additional Term Loan, must be the Amendment No. 6 Effective Date and, with respect to the present value (calculated in accordance with this Section 2.02(c)) of interest for the Interest Period specified in such Notice of Loan on the amount of such Second Additional Term Loan, at a rate per annum equal to must be the excess of (a) the Eurodollar Rate that would have been in effect for such Interest Period over (b) the Eurodollar Rate applicable on the date of determination to a deemed Interest Period ending on the last day of such Interest PeriodAmendment No. The present value of such additional interest shall be calculated by discounting the amount of such interest for each day in the Interest Period specified in such Notice of Loan from such day to the date of such repayment or termination at an interest rate per annum equal to the interest rate determined pursuant to the immediately preceding sentence, and by adding all such amounts for all such days during such7

Making the Loans. (a) Each Loan The Borrower shall be made on noticegive the Lender prior telephonic notice (immediately confirmed in writing by e-mail, given in substantially the form of Exhibit A hereto (a “Notice of Borrowing”)), not later than 12:00 Noon noon (Charlotte, North Carolina Maryland time) on the third date which is three (3) Business Day Days prior to the date of the proposed Loan (or such shorter period as the Lender is willing to accommodate from time to time, but in no event later than 12:00 noon (Maryland time) on the case of a Eurodollar Rate Loan, or the first Business Day prior to the borrowing date of the proposed Loan). Such Notice of Borrowing shall be irrevocable and shall specify (i) the aggregate principal amount of the proposed Loan in and line-item amounts for each of the case proposed uses of a Base Rate the proposed Loan, (ii) the use(s) of the proposed Loan, in reasonable detail (which use(s) must be Permitted Uses) and (iii) the proposed borrowing date, which must be a Business Day. The Lender may act without liability upon the basis of written, electronic, telecopied, or telephonic notice believed by the Lender in good faith to be from the Borrower (or from any Responsible Officer thereof designated in writing purportedly from the Borrower to the Lender). Each The Borrower hereby waives the right to dispute the Lender’s record of the terms of any such notice telephonic Notice of Borrowing. The Lender shall be entitled to rely conclusively on any Responsible Officer’s authority to request a Loan (a "on behalf of the Borrower until the Lender receives written notice to the contrary. The Lender shall have no duty to verify the authenticity of the signature appearing on any written Notice of Loan") shall be by telephone, confirmed immediately in writing, or telecopier or telex, specifying therein the requested (i) date of such Loan, (ii) Type of such Loan, (iii) aggregate amount of such Loan, and (iv) in the case of a Eurodollar Rate Loan, initial Interest Period for such Loan. Upon fulfillment of the applicable conditions set forth in Article III, the Lender will make such funds available to the Borrower at its Applicable Lending OfficeBorrowing. (b) Anything in subsection (a) above to the contrary notwithstanding, (i) the Borrower may not select Eurodollar Rate Loans for any Loan if the amount of such Loan is less than $250,000 or if the obligation of the Lender to make Eurodollar Rate Loans shall then be suspended pursuant to Section 2.07 or 2.10(c) and (ii) no more than five separate Eurodollar Rate Loans may be outstanding at any time. (c) Each Notice of Loan shall be irrevocable and binding on the Borrower. In the case of any Loan that the related Notice of Loan specifies it to be made in a Eurodollar Rate Loan, the Borrower shall indemnify the Lender against any loss, cost or expense incurred by the Lender as a result of any failure to fulfill on or before the date specified in the Notice of Loan for such Loan the applicable conditions set forth in Article III and if, as a result of such failure, the related Loan is not made on such date, the Borrower will pay to the Lender an amount equal to the present value (calculated in accordance with this Section 2.02(c)) of interest for the Interest Period specified in such Notice of Loan on the minimum amount of such Loan, at a rate per annum equal to the excess of (a) the Eurodollar Rate that would have been in effect for such Interest Period over (b) the Eurodollar Rate applicable on the date of determination to a deemed Interest Period ending on the last day of such Interest Period. The present value of such additional interest shall be calculated by discounting the amount of such interest for each day in the Interest Period specified in such Notice of Loan from such day to the date of such repayment or termination at an interest rate per annum equal to the interest rate determined pursuant to the immediately preceding sentence, and by adding all such amounts for all such days during such$100,000.

Making the Loans. (a) Each Subject to the terms and conditions hereof, each Tranche B Loan and Tranche C Loan shall be made on notice, notice given not later than 12:00 Noon by the Borrower to the Lender by 11:00 A.M. (Charlotte, North Carolina New York City time) on the third Business Day prior to the date of the proposed Loan in the case making of a Eurodollar Rate such Loan, or the first Business Day prior to the date of the proposed Loan in the case of a Base Rate Loan, by the Borrower to the Lender. Each such notice of a Loan (a "Notice of LoanBorrowing") shall be by telephone, confirmed immediately substantially in writing, or telecopier or telexthe form of Exhibit B, specifying therein the requested (i) the proposed date for the making of such Loan, (ii) Type of such Loan, (iii) aggregate the amount of such Loans constituting the Tranche B Loan or the Tranche C Loan, and (iviii) in that the case of a Eurodollar Rate Loan, initial Interest Period for such Loan. Upon fulfillment of Borrower has complied with the applicable terms and conditions set forth in of this Section 2.02 and Article III, the Lender will make such funds available to the Borrower at its Applicable Lending Office. (b) Anything Each Tranche B Loan shall be in subsection (a) above an amount equal to the contrary notwithstanding, (i) the Borrower may not select Eurodollar Rate Loans for any Loan if the amount of such Loan is less than $250,000 or if the obligation a portion of the Lender to make Eurodollar Rate Loans purchase price for the purchase or acquisition of Acquisition Targets, which amount shall then be suspended pursuant to Section 2.07 or 2.10(c) and (ii) no more than five separate Eurodollar Rate Loans may be outstanding at any time.determined in accordance with the guidelines set forth on Schedule I. (c) Each Tranche C Loan that lender determines to make after the Closing Date shall be in an amount equal to a portion of the purchase price for the purchase or acquisition of Acquisition Targets, which amount shall be determined in accordance with the guidelines set forth on Schedule I. (d) Each Notice of Loan Borrowing shall be irrevocable and binding on the Borrower. In the case of any Loan that the related Notice of Loan specifies it to be a Eurodollar Rate Loan, the The Borrower shall indemnify the Lender against any loss, cost or expense incurred by the Lender as a result of any failure to fulfill on or before the date specified in the such Notice of Loan Borrowing for such Loan proposed Loan, the applicable conditions set forth in Article III and ifIII, including, without limitation, any loss (excluding loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the Lender to fund the Loan, which, as a result of such failure, the related Loan is not made on such date, the Borrower will pay to the Lender an amount equal to the present value (calculated in accordance with this Section 2.02(c)) of interest for the Interest Period specified in such Notice of Loan on the amount of such Loan, at a rate per annum equal to the excess of (a) the Eurodollar Rate that would have been in effect for such Interest Period over (b) the Eurodollar Rate applicable on the date of determination to a deemed Interest Period ending on the last day of such Interest Period. The present value of such additional interest shall be calculated by discounting the amount of such interest for each day in the Interest Period specified in such Notice of Loan from such day to the date of such repayment or termination at an interest rate per annum equal to the interest rate determined pursuant to the immediately preceding sentence, and by adding all such amounts for all such days during such.

Making the Loans. (a) Each Loan The Borrower shall be made on noticegive the Administrative Agent prior notice in writing, given in substantially the form of Exhibit C hereto (a “Notice of Borrowing”) or such other form approved by the Administrative Agent, not later than 12:00 Noon noon (Charlotte, North Carolina New York City time) on the third date which is (i) in the case of the Initial Term Loan, three (3) Business Day Days prior to the Effective Date, (ii) three (3) Business Days prior to the date of the proposed Revolving Loan (or such shorter period as the Administrative Agent is willing to accommodate from time to time, but in no event later than 12:00 noon (New York City time) on the borrowing date of the proposed Loan), or (iii) in the case of a Eurodollar Rate the Additional Term Loan, or the first Business Day prior to the date of the proposed Loan in the case of a Base Rate Loan, by the Borrower to the LenderAmendment No. Each such notice of a Loan (a "Notice of Loan") shall be by telephone, confirmed immediately in writing6 Effective Date, or telecopier or telex, specifying therein the requested (i) date of such Loan, (ii) Type of such Loan, (iii) aggregate amount of such Loan, and (iv) in the case of a Eurodollar Rate any 2023 Incremental Revolving Loan, initial Interest Period for such Loanin accordance with Section 5.03(c)(iii). Upon fulfillment Such Notice of the applicable conditions set forth in Article III, the Lender will make such funds available to the Borrower at its Applicable Lending Office. (b) Anything in subsection (a) above to the contrary notwithstanding, Borrowing shall be irrevocable and shall specify (i) the Borrower may not select Eurodollar Rate Loans for any Loan if the principal amount of the proposed Loan, and, with respect to any 2023 Incremental Revolving Loan, shall be $3,000,000, (ii) whether such Loan is less than $250,000 requested to be a Revolving Loan, the Initial Term Loan or if the obligation Additional Term Loan, (iii) whether the Loan is requested to be a Reference Rate Loan or a SOFR Loan, (iv) the use of the Lender to make Eurodollar Rate Loans shall then be suspended pursuant to Section 2.07 or 2.10(cproceeds of such proposed Loan, (v) and Borrower’s account wiring instructions (ii) no more than five separate Eurodollar Rate Loans may be outstanding at any time. (c) Each Notice of Loan shall be irrevocable and binding on the Borrower. In which, in the case of any Loan that the related Notice of Loan specifies it to 2023 Incremental Revolving Loan, shall be the Blocked Account wiring instructions), and (vi) the proposed borrowing date, which must be a Eurodollar Rate Business Day, and, with respect to the Initial Term Loan, must be the Borrower shall indemnify the Lender against any lossEffective Date and, cost or expense incurred by the Lender as a result of any failure to fulfill on or before the date specified in the Notice of Loan for such Loan the applicable conditions set forth in Article III and if, as a result of such failure, the related Loan is not made on such date, the Borrower will pay with respect to the Lender an amount equal to the present value (calculated in accordance with this Section 2.02(c)) of interest for the Interest Period specified in such Notice of Loan on the amount of such Additional Term Loan, at a rate per annum equal to must be the excess of (a) the Eurodollar Rate that would have been in effect for such Interest Period over (b) the Eurodollar Rate applicable on the date of determination to a deemed Interest Period ending on the last day of such Interest PeriodAmendment No. The present value of such additional interest shall be calculated by discounting the amount of such interest for each day in the Interest Period specified in such Notice of Loan from such day to the date of such repayment or termination at an interest rate per annum equal to the interest rate determined pursuant to the immediately preceding sentence, and by adding all such amounts for all such days during such6