Common use of Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms Clause in Contracts

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower shall equal its Ratable Share of the requested Term Loan; provided that no Lender’s Term Loan to the Borrower shall exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Date, and any portion of the Term Loan Commitment not drawn on the Funding Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.1.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (ai) The obligations of each Lender to make an Initial Term Loans Loan to the Borrower shall equal its Ratable Share of the requested Initial Term LoanLoans; provided that no Lender’s Initial Term Loan to the Borrower shall exceed its Term Loan CommitmentCommitment in effect on the Closing Date. The failure of any Lender to make a an Initial Term Loan shall not relieve any other Lender of its obligations to make a an Initial Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make the Initial Term Loans hereunder after the Funding Closing Date, and any portion of the Initial Term Loan Commitment not drawn on the Funding Closing Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.13.1 [Term Loan Commitments].

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower shall equal its Ratable Share be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the requested Term Loan; provided that no Borrower, but each Lender’s Term Loan to the Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.1.3.1 [Term Loan Commitments]. The Term Loans shall be payable as follows:

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower shall equal its Ratable Share of the requested Term Loan; provided that no Lender’s Term Loan to the Borrower shall exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding DateApril 28, 2022 and any portion of the Term Loan Commitment not drawn on the Funding Date April 28, 2022 shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.13.1 [Term Loan Commitments]. Upon borrowing any Term Loan, the Term Loan Commitments shall be reduced by the amount of such borrowing.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower shall equal its Ratable Share of the requested Term Loan; provided that no Lender’s a Term Loan to the Borrower shall be in the proportion that such Lender's Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the Borrower, but each Lender's Term Loan to the Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.1.3.1 [Term Loan Commitments]. Payments of principal on the Term Loans shall be on the first Business Day following each fiscal quarter end of the Borrower and on the Maturity Date in the amount indicated below:

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower shall equal its Ratable Share be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the requested Term Loan; provided that no Borrower, but each Lender’s Term Loan to the Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Except as expressly set forth in Section 3.3, the Lenders shall have no obligation to make Term Loans hereunder after the Funding Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.1.3.1 [Term Loan Commitments]. The Term Loans shall be payable as follows:

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower shall equal its Ratable Share be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the requested Term Loan; provided that no Borrower, but each Lender’s Term Loan to the Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The If no Term Loans are drawn prior to the Term Loan Draw Expiration Date, the Lenders shall have no obligation to make Term Loans hereunder after the Funding Date, and any portion of the Term Loan Commitment not drawn on the Funding Date shall automatically expirehereunder. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.12.16 [Term Loan Commitments].

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make a Term Loans Loan to the Borrower shall equal its Ratable Share be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the requested Term Loan; provided that no Borrower, but each Lender’s Term Loan to the Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.1.3.1 [Term Loan Commitments]. Payments of principal on the Term Loans shall be on the first Business Day following each fiscal quarter end of the Borrower and on the Maturity Date in the amount indicated below:

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (ai) The obligations of each Lender to make Term Loans to the Borrower shall equal its Ratable Share of be in the requested Term Loan; provided proportion that no such Lender’s Term Loan Commitment bears to the Borrower Term Loan Commitments of all Lenders, but the aggregate principal amount of all Term Loans made by such Lender shall not exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Date, and any portion of the Delayed Draw Term Loan Commitment not drawn on the Funding Date shall automatically expireAvailability Period. The Term Loan Commitments are not revolving credit commitments, and and, once repaid, the Borrower shall not have the right to borrow, repay and reborrow any Term Loan under Section 3.1.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower shall equal its Ratable Share be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the requested Term Loan; provided that no Borrower, but each Lender’s Term Loan to the Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.13.1 [Term Loan Commitments]. The Term Loans shall be payable, with respect to principal, as follows (subject to acceleration upon the occurrence of an Event of Default under this Agreement or termination of this Agreement): in consecutive quarterly installments, each in an amount equal to the Principal Payment Amount applicable as of such Payment Date, commencing on November 1, 2014 and continuing on each Payment Date thereafter, with all remaining outstanding principal on the Term Loans due and payable in full on the Expiration Date.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower shall equal its Ratable Share be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the requested Term Loan; provided that no Borrower, but each Lender’s Term Loan to the Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.13.1 [Term Loan Commitments]. The Term Loans shall be payable in equal quarterly installments of principal, each in the amount of $821,428.57, on each Payment Date until the earlier of the Expiration Date or acceleration of the Notes, when the entire unpaid balance of the Term Loans and all other amounts due hereunder and under the Loan Documents shall be paid in full.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower Borrowers shall equal its Ratable Share of the requested Term Loan; provided that no Lender’s Term Loan to the Borrower shall exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Closing Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower Borrowers shall not have the right to borrow, repay and reborrow under Section 3.1.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower Borrowers shall equal its Ratable Share be in the proportion that such Lender’s Term Loan Commitment bears to the aggregate Term Loan Commitments of all Lenders to the requested Term Loan; provided that no Borrowers, but each Lender’s Term Loan to the Borrower Borrowers shall never exceed its individual Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Date, and any portion expiration of the Delayed Draw Term Loan Commitment not drawn on the Funding Date shall automatically expirePeriod. The Term Loan Commitments are not revolving credit commitments, and the Borrower Borrowers shall not have the right to borrow, repay and reborrow under Section 3.13.1 [Term Loan Commitments].

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (ai) The obligations of each Lender to make Term Loans to the Borrower Borrowers shall equal its Ratable Share of the requested Term Loan; , provided that no Lender’s Term Loan to the Borrower Borrowers shall exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Second Amendment Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Second Amendment Closing Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower Borrowers shall not have the right to borrow, repay and reborrow under Section 3.13.1 [Term Loan Commitments].

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower Borrowers shall equal its Ratable Share of the requested Term Loan; provided that no Lender’s Term Loan to the Borrower Borrowers shall exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Closing Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower Borrowers shall not have the right to borrow, repay and reborrow under Section 3.13.1 [Term Loan Commitments].

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make a Term Loans Loan to the Borrower shall equal its Ratable Share be in the proportion that such Xxxxxx’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the requested Term Loan; provided that no Borrower, but each Lender’s Term Loan to the Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.1.3.1 [Term Loan Commitments]. Payments of principal on the Term Loans shall be on the first Business Day following each fiscal quarter end of the Borrower and on the Maturity Date in the amount indicated below:

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower Borrowers shall equal its Ratable Share be in the proportion that such Xxxxxx’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the requested Term Loan; provided that no Borrowers, but each Lender’s Term Loan to the Borrower Borrowers shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower Borrowers shall not have the right to borrow, repay and reborrow under Section 3.1.3.1 [Term Loan Commitments]. The principal balance of the Term Loans shall be due and payable in consecutive quarterly installments determined by, and as set forth in, the table set forth below (subject,

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. (a) The obligations of each Lender to make Term Loans to the Borrower shall equal its Ratable Share be in the proportion that such Lender's Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the requested Term Loan; provided that no Borrower, but each Lender’s 's Term Loan to the Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Funding Closing Date, and any portion of the Term Loan Commitment not drawn on the Funding Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under Section 3.13.1 [Term Loan Commitments]. The Term Loans shall be payable as follows: Commencing on December 31, 2009, and on each fiscal quarter thereafter through the fiscal quarter ending September 30, 2012, quarterly payments of principal equal to $2,500,000 each, and a lump sum payment of principal equal to $10,000,000 due on the Expiration Date.