Common use of Other Provisions Regarding Term Loans Clause in Contracts

Other Provisions Regarding Term Loans. On the Amendment Effective Date, the Borrower shall apply the aggregate proceeds of the Additional Term Loans to prepay in full the principal amount of all Existing Term Loans other than Exchanged Term Loans. The exchange of Exchanged Term Loans for Repriced Term Loans and the repayment of Existing Term Loans (other than the Exchanged Term Loans) with the proceeds of the Additional Term Loans contemplated hereby collectively constitute a Repricing Transaction pursuant to the provisions of Section 2.13(c) of the Credit Agreement and shall be subject to the provisions of Section 2.13(c) of the Credit Agreement. The commitments of the Additional Term Lenders and the refinancing undertakings of the Exchanging Term Lenders are several and not joint and no such Repricing Term Lender will be responsible for any other Repricing Term Lender’s failure to make or acquire by refinancing Repriced Term Loans. Notwithstanding anything herein or in the Amended Credit Agreement to the contrary, the aggregate principal amount of the Repriced Term Loans will not exceed the aggregate principal amount of the Existing Term Loans outstanding immediately prior to the Amendment Effective Date. Each of the parties hereto acknowledges and agrees that the terms of this Amendment do not constitute a novation but, rather, an amendment of the terms of a pre-existing Indebtedness and related agreement, as evidenced by the Amended Credit Agreement.

Other Provisions Regarding Term Loans. On the Second Amendment Effective Date, the Borrower shall apply the aggregate proceeds Net Proceeds of the Additional Refinancing Term Loans (if any), together with cash on hand, to prepay in full the principal amount of all Existing Term Loans Loans, other than Exchanged Term Loans. The exchange of Exchanged Term Loans for Repriced with Refinancing Term Loans and the repayment of Existing Term Loans (other than the Exchanged Term Loans) with the proceeds of the Increased Term Loans and Additional Term Loans contemplated hereby collectively constitute a Repricing Transaction voluntary prepayment of the Existing Term Loans by the Borrower pursuant to the provisions of Section 2.13(c) 2.11 of the Credit Agreement and shall be subject to the provisions of Section 2.13(c) 2.11 of the Credit Agreement. The commitments of the Increased Term Lenders and the Additional Term Lenders and the refinancing undertakings of the Exchanging Term Lenders are several and not joint and no such Repricing New Term Lender will be responsible for any other Repricing New Term Lender’s failure to make or acquire by refinancing Repriced Refinancing Term Loans. Notwithstanding anything herein or in the Amended Credit Agreement to the contrary, the aggregate principal amount of the Repriced Term Loans will not exceed the aggregate principal amount of the Existing Term Loans outstanding immediately prior to the Amendment Effective Date. Each of the parties hereto acknowledges and agrees that the terms of this Second Amendment do not constitute a novation but, rather, an amendment of the terms of a pre-existing Indebtedness and related agreement, as evidenced by the Second Amended and Restated Credit Agreement.

Other Provisions Regarding Term Loans. On the First Amendment Effective Date, the Borrower shall apply the aggregate proceeds Net Proceeds of the Additional Refinancing Term Loans (if any), together with cash on hand, to prepay in full the principal amount of all Existing Term Loans Loans, other than Exchanged Term Loans. The exchange of Exchanged Term Loans for Repriced with Refinancing Term Loans and the repayment of Existing Term Loans (other than the Exchanged Term Loans) with the proceeds of the Increased Term Loans and Additional Term Loans contemplated hereby collectively constitute a Repricing Transaction voluntary prepayment of the Existing Term Loans by the Borrower pursuant to the provisions of Section 2.13(c) 2.11 of the Credit Agreement and shall be subject to the provisions of Section 2.13(c) 2.11 of the Credit Agreement. The commitments of the Increased Term Lenders and the Additional Term Lenders and the refinancing undertakings of the Exchanging Term Lenders are several and not joint and no such Repricing New Term Lender will be responsible for any other Repricing New Term Lender’s failure to make or acquire by refinancing Repriced Refinancing Term Loans. Notwithstanding anything herein or in the Amended Credit Agreement to the contrary, the aggregate principal amount of the Repriced Term Loans will not exceed the aggregate principal amount of the Existing Term Loans outstanding immediately prior to the Amendment Effective Date. Each of the parties hereto acknowledges and agrees that the terms of this First Amendment do not constitute a novation but, rather, an amendment of the terms of a pre-existing Indebtedness and related agreement, as evidenced by the Amended and Restated Credit Agreement.