Common use of Making the Term Loans Clause in Contracts

Making the Term Loans. (i) (A) Each Term Loan Borrowing shall be made on notice, given not later than 11:00 A.M. Local Time, (x) in the case of Eurodollar Rate Advances, on the third Business Day prior to the date of the proposed Borrowing or (y) in the case of Base Rate Advances, on the day of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each appropriate Lender prompt notice thereof by telecopier. Each such notice of a Term Loan Borrowing (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, in substantially the form of Exhibit B hereto, specifying therein the requested (I) date of such Term Loan Borrowing, (II) Type of Advances comprising such Term Loan Borrowing, (III) aggregate amount of such Term Loan Borrowing, (IV) [reserved] and (V) in the case of a Eurodollar Rate Advance, the Interest Period for each such Term Loan Borrowing. Each Lender shall, before 1:00 P.M. (Local Time) on the date of such Term Loan Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent, in the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Term Loan Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent, as applicable, will make such funds available to the Borrower at the Administrative Agent’s address set forth on Schedule 10.02.

Making the Term Loans. (i) (Aa) Each Term Loan Borrowing shall be made on notice, given not later than 11:00 A.M. Local Time, 12:00 p.m. (xNew York City time) in the case of Eurodollar Rate Advances, on the third Business Day prior to the date of the proposed Borrowing hearing for approval of the Interim Order or (y) in the Final Order, as the case of Base Rate Advances, on the day of the proposed Borrowingmay be, by the Administrative Borrower to the Administrative Agent, which shall give to each appropriate Lender prompt notice thereof by telecopiertelecopier or electronic communication. Each such notice of a Term Loan Borrowing (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or by telecopier or electronic communication, in substantially the form of Exhibit B hereto, specifying therein the requested (I) date of such Term Loan Borrowing, (II) Type of Advances comprising such Term Loan Borrowing, (III) aggregate amount of such Term Loan Borrowing, (IV) [reserved] and (V) Interim Order Amount in the case of a Eurodollar Rate Advance, the Interest Period for each such Term Loan BorrowingBorrowing on the Closing Date or Final Order Amount in the case of the Borrowing on the Final Order Funding Date. Each Lender shall, before 1:00 P.M. 11:00 a.m. (Local TimeNew York City time) on the date of such Term Loan Borrowing Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent, in Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Term Loan BorrowingBorrowing in accordance with the respective Commitments under the Facility of the Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent, as applicable, Agent will make such funds available to the Borrower at Borrowers by transfer of such funds to the Administrative Agent’s address set forth on Schedule 10.02DIP Proceeds Controlled Account in like funds as received.

Making the Term Loans. (ia) (A) Each The Borrowing of Term Loan Borrowing Loans shall be made on noticenotice by the Borrower to the Administrative Agent, given not later than 11:00 A.M. Local Time, (xi) in the case of Eurodollar Rate Advances, on the third Business Day prior to the date of the proposed Borrowing or (y) in the case of Base a Borrowing consisting of Eurodollar Rate Advances, Loans or (ii) on the day first Business Day prior to the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Loans, by the Borrower to and, in each case, the Administrative Agent, which Agent shall give to each appropriate Lender prompt notice thereof by telecopierelectronic means. Each such notice of a Term Loan Borrowing (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, writing in substantially the form of Exhibit B hereto, specifying therein the requested (Ii) date of such Term Loan Borrowing, (IIii) Type of Advances Term Loans comprising such Term Loan Borrowing, (IIIiii) aggregate principal amount of such Term Loan Borrowing, (IViv) [reserved] the location and number of the account to which funds are to be disbursed and (Vv) in the case of a Borrowing consisting of Eurodollar Rate AdvanceLoans, the initial Interest Period for each such Term Loan BorrowingLoan. Each Lender shall, before 1:00 P.M. 12:00 noon (Local Timeor such other later time agreed upon by the Borrower and the Administrative Agent) on the date of such Term Loan Borrowing Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent, in Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Term Loan Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent, as applicable, Agent will make such funds available to the Borrower at the Administrative Agent’s address set forth on Schedule 10.02referred to in Section 8.02.

Making the Term Loans. (i) (Aa) Each Term Loan Borrowing shall be made on notice, given (x) not later than 11:00 A.M. Local Time, a.m. (xNew York City time) in the case of Eurodollar Rate Advances, on the third second Business Day prior to the date of the proposed Borrowing or (y) in the case of Base a Borrowing consisting of Eurodollar Rate Advances, Loans and (y) not later than 12:00 p.m. (New York City time) on the day first Business Day prior to the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Loans, in each case by the Borrower Company to the Administrative Agent, which shall give to each appropriate Lender Bank prompt notice thereof in writing (which may be by telecopiere-mail). Each such notice of a Term Loan Borrowing (a “Notice of Borrowing”) shall be delivered in writing (which may be by telephone, confirmed immediately in writinge-mail), in substantially the form of Exhibit B heretoA, specifying therein the requested (I1) date of such Term Loan Borrowing, (II2) Type of Advances Loans comprising such Term Loan Borrowing, (III3) aggregate amount of such Term Loan Borrowing, (IV) [reserved] Borrowing and (V4) in the case of a Borrowing consisting of Eurodollar Rate AdvanceLoans, the initial Interest Period for each such Term Loan BorrowingLoan. Each Lender Bank shall, before 1:00 P.M. 11:00 a.m. (Local TimeNew York City time) on the date of such Term Loan Borrowing Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent, in Agent at the Administrative Agent’s Account, in same day funds, such LenderBank’s ratable portion of such Term Loan Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 5.01, the Administrative Agent, as applicable, Agent will make such same day funds available to the Borrower Company at the Company’s account at the Administrative Agent’s address set forth on Schedule 10.02referred to in Section ‎10.02.