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 April 28, 2022 and any portion of the Term Loan Commitment not drawn on 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 3.1 [Term Loan Commitments]. Upon borrowing any Term Loan, the Term Loan Commitments shall be reduced by the amount of such borrowing. (b) The Borrower shall repay to the applicable Lenders the aggregate principal amount of all Term Loans outstanding on the Term Loan Maturity Date and in any event shall be in an amount equal to the aggregate principal amount of all Term Loans outstanding on such date.

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 April 28the Closing Date, 2022 and any portion of the Initial Term Loan Commitment not drawn on April 28, 2022 the 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 3.1 [Term Loan Commitments]. Upon borrowing any Term Loan, the Term Loan Commitments shall be reduced by the amount of such borrowing. (bii) The Borrower shall repay to the applicable Lenders the aggregate principal amount of all Initial Term Loans outstanding on the following dates in the respective amounts set forth opposite such dates (which amounts shall be reduced as a result of the application of voluntary and mandatory prepayments in accordance with the order of priority set forth in Section 5.6 [Voluntary Prepayments] and Section 5.7 [Mandatory Prepayments]): provided, however, that the final principal repayment installment of the Initial Term Loans shall be repaid on the Term Loan Maturity Date applicable to the Initial Term Loans and in any event shall be in an amount equal to the aggregate principal amount of all Initial Term Loans outstanding on such 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 April 28, 2022 and any portion of the Term Loan Commitment not drawn on April 28, 2022 shall automatically expireClosing Date. 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 [Term Loan Commitments]. Upon borrowing any The Term Loan, the Term Loan Commitments Loans shall be reduced by paid in consecutive quarterly principal payments on the amount first Business Day of such borrowing. each January, April, July and October with the first payment commencing on October 1, 2016 as follows: (bi) The Borrower shall repay to the applicable Lenders the aggregate principal amount twenty consecutive quarterly installments of $5,000,000 and (ii) a final installment of all Term Loans outstanding remaining principal due and payable on the Term Loan Maturity Date and in any event shall be in an amount equal to the aggregate principal amount of all Term Loans outstanding on such dateDate.

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 April 28, 2022 and any portion of the Term Loan Commitment not drawn on April 28, 2022 shall automatically expireClosing Date. 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 [Term Loan Commitments]. Upon borrowing any The Term Loan, the Term Loan Commitments Loans shall be reduced by payable, with respect to principal, as follows (subject to acceleration upon the amount occurrence of such borrowing. (b) The Borrower shall repay to the applicable Lenders the aggregate principal amount an Event of all Term Loans outstanding on the Term Loan Maturity Date and Default under this Agreement or termination of this Agreement): in any event shall be consecutive quarterly installments, each in an amount equal to the aggregate 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 amount of all on the Term Loans outstanding due and payable in full on such datethe 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 Borrowers 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 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 April 28, 2022 and any portion of the Term Loan Commitment not drawn on April 28, 2022 shall automatically expireClosing Date. 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 [Term Loan Commitments]. Upon borrowing any The Term Loan, the Term Loan Commitments Loans shall be reduced by payable in sixteen (16) consecutive quarterly installments each in the amount of such borrowing. (b) The Borrower shall repay to the applicable Lenders the aggregate principal amount of all Term Loans outstanding One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00), which installments are due and payable by the Borrowers beginning July 1, 2012 and on each Payment Date thereafter, with the final installment of the remaining principal balance and accrued and unpaid interest due and payable on the Term Loan Maturity Date and in any event shall be in an amount equal to the aggregate principal amount of all Term Loans outstanding on such dateDate.

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 April 28, 2022 and any portion of the Term Loan Commitment not drawn on April 28, 2022 shall automatically expireday which is thirty (30) days after the Closing Date. 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 [Term Loan Commitments]. Upon borrowing any Term Loan, the Term Loan Commitments shall be reduced by the amount of such borrowing. (b) The Borrower shall repay the Term Loans to the applicable Agent for the benefit of the Lenders in consecutive quarterly installments of $2,500,000.00, payable on the last Business Day of each December, March, June and September, commencing December 31, 2010, and with a final installment on the Expiration Date equal to the then aggregate unpaid principal amount of all Term Loans outstanding on the Term Loan Maturity Date Loans, together with all accrued and in any event shall be in an amount equal to the aggregate principal amount of unpaid interest and all Term Loans outstanding on such dateother amounts owing hereunder.

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 April 28, 2022 and any portion of the Term Loan Commitment not drawn on April 28, 2022 shall automatically expireClosing Date. 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 [Term Loan Commitments]. Upon borrowing any The Term Loan, the Term Loan Commitments Loans shall be reduced by payable in equal quarterly installments of principal, each in the amount of such borrowing. (b) The Borrower shall repay to $821,428.57, on each Payment Date until the applicable Lenders earlier of the aggregate principal amount Expiration Date or acceleration of all the Notes, when the entire unpaid balance of the Term Loans outstanding on and all other amounts due hereunder and under the Term Loan Maturity Date and in any event Documents shall be paid in an amount equal to the aggregate principal amount of all Term Loans outstanding on such datefull.

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 April 28, 2022 and any portion of the Term Loan Commitment not drawn on April 28, 2022 shall automatically expireSecond Amendment Closing Date. 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 [Term Loan Commitments]. Upon borrowing any The Term Loan, the Term Loan Commitments Loans shall be reduced by payable, with respect to principal, as follows (subject to acceleration upon the amount occurrence of such borrowing. (b) The Borrower shall repay to the applicable Lenders the aggregate principal amount an Event of all Term Loans outstanding on the Term Loan Maturity Date and Default under this Agreement or termination of this Agreement): in any event shall be consecutive quarterly installments, each in an amount equal to the aggregate Principal Payment Amount applicable as of such Payment Date, commencing on May 1, 2018 and continuing on each Payment Date thereafter, with all remaining outstanding principal amount of all on the Term Loans outstanding due and payable in full on such datethe 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 on the Closing Date 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 April 28, 2022 and any portion of the Term Loan Commitment not drawn on April 28, 2022 shall automatically expireClosing Date. 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 [Term Loan Commitments]. Upon borrowing any Term Loan, the Term Loan Commitments shall be reduced by the amount of such borrowing. (b) The Borrower shall repay to the applicable Lenders the aggregate principal amount of all the Term Loans outstanding shall be payable by the Borrower in quarterly installments on the last day of each calendar quarter commencing September 30, 2020, each in an amount equal to two and one-half percent of the aggregate amount of the Term Loans made on the Closing Date (i.e., $4,375,000 per quarter), with a final payment due on the Term Loan Maturity Date and in any event shall be in an amount equal to the aggregate total outstanding principal amount of the Term Loans. On the Term Loan Maturity Date, all accrued interest on the Term Loans outstanding on such dateshall be payable.

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 April 28, 2022 and any portion of the Term Loan Commitment not drawn on April 28, 2022 shall automatically expireSecond Amendment Closing Date. 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 [Term Loan Commitments]. Upon borrowing any The Term Loan, the Term Loan Commitments Loans shall be reduced by payable, with respect to principal, as follows (subject to acceleration upon the amount occurrence of such borrowing. (b) The Borrower shall repay to an Event of Default under this Agreement or termination of this Agreement): in consecutive quarterly installments, calculated in accordance with the applicable Lenders the aggregate amortization schedule set forth below, commencing on July 2, 2018 and continuing on each Payment Date thereafter, with all remaining outstanding principal amount of all Term Loans outstanding on the Term Loan Maturity Loans due and payable in full on the Expiration Date. Year 1 5.0% Year 2 5.0% Year 3 7.5% Year 4 7.5% Year 5 10% Expiration Date and in any event shall be in an amount equal to the aggregate principal amount of all Term Loans outstanding on such date.Balance