Common use of Reallocation of Commitments and Loans Clause in Contracts

Reallocation of Commitments and Loans. (a) On the Fourth Amendment Effective Date, the Borrower shall (A) prepay the outstanding Loans and (B) simultaneously borrow new Loans in an amount equal to such prepayment; provided that with respect to subclauses (A) and (B), (x) the prepayment to, and borrowing from, any Lender with a Commitment under this Agreement prior to the Fourth Amendment Effective Date (each, an “Existing Lender”) shall be effected by book entry to the extent that any portion of the amount prepaid to such Lender will be subsequently borrowed from such Lender and (y) the Lenders shall make and receive payments among themselves, in a manner acceptable to the Administrative Agent, so that, after giving effect thereto, the Loans of each Class are held ratably by the Lenders of such Class in accordance with each Lender’s Applicable Percentage of Commitments and portion of Loans, which, for the purposes of this Agreement and each other Loan Document, will be as set forth opposite such Person’s name on Schedule 1.01(b). Concurrently therewith, the Existing Lenders of each Class shall be deemed to have adjusted their participation interests in any outstanding Letters of Credit of such Class so that such interests are held ratably in accordance with their Applicable Percentage of Commitments of such Class. Notwithstanding anything to the contrary contained in this Agreement, the Borrower shall have no liability to any Lender for any amounts that would otherwise be payable pursuant to Section 2.15 as a result of the prepayment and borrowing on the Fourth Amendment Effective Date contemplated by this Section 2.20(a).

Reallocation of Commitments and Loans. (a) On the Fourth First Omnibus Amendment Effective Date, the Borrower shall (A) prepay the outstanding Loans and (B) simultaneously borrow new Loans in an amount equal to such prepayment; provided that with respect to subclauses (A) and (B), (x) the prepayment to, and borrowing from, any Lender with a Commitment under this Agreement prior to the Fourth First Omnibus Amendment Effective Date (each, an “Existing Lender”) shall be effected by book entry to the extent that any portion of the amount prepaid to such Lender will be subsequently borrowed from such Lender and (y) the Lenders shall make and receive payments among themselves, in a manner acceptable to the Administrative Agent, so that, after giving effect thereto, the Loans of each Class are held ratably by the Lenders of such Class in accordance with each Lender’s Applicable Percentage of Commitments and portion of Loans, which, for the purposes of this Agreement and each other Loan Document, will be as set forth opposite such Person’s name on Schedule 1.01(b). Concurrently therewith, the Existing Lenders of each Class shall be deemed to have adjusted their participation interests in any outstanding Letters of Credit of such Class so that such interests are held ratably in accordance with their Applicable Percentage of Commitments of such Class. Notwithstanding anything to the contrary contained in this Agreement, the Borrower shall have no liability to any Lender for any amounts that would otherwise be payable pursuant to Section 2.15 as a result of the prepayment and borrowing on the Fourth First Omnibus Amendment Effective Date contemplated by this Section 2.20(a).

Reallocation of Commitments and Loans. (a) On the Fourth Second Amendment Effective Date, the Borrower shall (A) prepay the outstanding Loans and (B) simultaneously borrow new Loans in an amount equal to such prepayment; provided that with respect to subclauses (A) and (B), (x) the prepayment to, and borrowing from, any Lender with a Commitment under this Agreement prior to the Fourth Second Amendment Effective Date (each, an “Existing Lender”) shall be effected by book entry to the extent that any portion of the amount prepaid to such Lender will be subsequently borrowed from such Lender and (y) the Lenders shall make and receive payments among themselves, in a manner acceptable to the Administrative Agent, so that, after giving effect thereto, the Loans of each Class are held ratably by the Lenders of such Class in accordance with each Lender’s Applicable Percentage of Commitments and portion of Loans, which, for the purposes of this Agreement and each other Loan Document, will be as set forth opposite such Person’s name on Schedule 1.01(b). Concurrently therewith, the Existing Lenders of each Class shall be deemed to have adjusted their participation interests in any outstanding Letters of Credit of such Class so that such interests are held ratably in accordance with their Applicable Percentage of Commitments of such Class. Notwithstanding anything to the contrary contained in this Agreement, the Borrower shall have no liability to any Lender for any amounts that would otherwise be payable pursuant to Section 2.15 as a result of the prepayment and borrowing on the Fourth Second Amendment Effective Date contemplated by this Section 2.20(a).

Reallocation of Commitments and Loans. (a) On the Fourth Third Amendment Effective Date, the Borrower shall (A) prepay the outstanding Loans and (B) simultaneously borrow new Loans in an amount equal to such prepayment; provided that with respect to subclauses (A) and (B), (x) the prepayment to, and borrowing from, any Lender with a Commitment under this Agreement prior to the Fourth Third Amendment Effective Date (each, an “Existing Lender”) shall be effected by book entry to the extent that any portion of the amount prepaid to such Lender will be subsequently borrowed from such Lender and (y) the Lenders shall make and receive payments among themselves, in a manner acceptable to the Administrative Agent, so that, after giving effect thereto, the Loans of each Class are held ratably by the Lenders of such Class in accordance with each Lender’s Applicable Percentage of Commitments and portion of Loans, which, for the purposes of this Agreement and each other Loan Document, will be as set forth opposite such Person’s name on Schedule 1.01(b). Concurrently therewith, the Existing Lenders of each Class shall be deemed to have adjusted their participation interests in any outstanding Letters of Credit of such Class so that such interests are held ratably in accordance with their Applicable Percentage of Commitments of such Class. Notwithstanding anything to the contrary contained in this Agreement, the Borrower shall have no liability to any Lender for any amounts that would otherwise be payable pursuant to Section 2.15 as a result of the prepayment and borrowing on the Fourth Third Amendment Effective Date contemplated by this Section 2.20(a).

Reallocation of Commitments and Loans. (ai) On Notwithstanding anything to the Fourth contrary in the Credit Agreement prior to giving effect to this Amendment, on the Second Amendment Effective Date, the Borrower Existing Revolving Commitments and Existing Loans of each Existing Lender (including the Departing Lender) shall be automatically assigned to one or more Lenders party hereto (Aincluding Existing Lenders and/or New Lenders) prepay (collectively, the outstanding Loans and (B) simultaneously borrow new Loans in an amount equal “Reallocation”), as necessary, such that after giving effect to such prepayment; provided that with respect to subclauses (A) Reallocation and (B), (x) the prepayment to, and borrowing from, any Lender with a Commitment under this Agreement prior to the Fourth Second Amendment Effective Date (eachPrepayment, an “Existing Lender”) shall be effected by book entry to the extent that any portion of the amount prepaid to such Lender will be subsequently borrowed from such Lender and (y) the Lenders shall make and receive payments among themselves, in a manner acceptable to the Administrative Agent, so that, after giving effect thereto, the Loans of Revolving Credit Commitments of each Class are held ratably by the Lenders of such Class in accordance with each Lender’s Applicable Percentage of Commitments and portion of Loans, which, for the purposes of this Agreement and each other Loan Document, will Lender shall be as set forth opposite on Annex B hereto and the outstanding principal amount of Initial Term Loans of each Lender shall be as set forth on Annex C hereto (it being understood and agreed that any outstanding Revolving Loans and any participations in outstanding Letters of Credit and Swing Line Loans shall be reallocated in a manner such Person’s name that each Lender (after giving effect to the Reallocation) holds such Revolving Loans and participations on Schedule 1.01(ba ratable basis consistent with the amount of their respective Revolving Credit Commitments after giving effect to the Reallocation). Concurrently In connection therewith, each party hereto agrees that (i) solely with respect to any assignments required or desired to effectuate the Existing Lenders of each Class purposes set forth in this Amendment, such assignments shall be deemed to have adjusted their participation interests be made in requisite amounts among the Lenders and from each Lender to each other Lender, with the same force and effect as if such assignments were evidenced by any outstanding Letters of applicable Assignment Agreement under the Credit of such Class so that such interests are held ratably in accordance with their Applicable Percentage of Commitments of such ClassAgreement and (ii) the Administrative Agent is hereby authorized to xxxx the Register to reflect the reallocation and assignments constituting the Reallocation. Notwithstanding anything to the contrary contained in Section 10.6 of the Credit Agreement or this Amendment, (x) no other documents or instruments, including any Assignment Agreement, shall be required to be executed in connection with these assignments (all of which requirements are hereby waived), (y) no fees shall be required to be paid to the Borrower Administrative Agent in connection with such assignments, and (z) such assignments shall have no liability be deemed to any Lender for any amounts that would otherwise be payable pursuant to Section 2.15 made with all applicable representations, warranties and covenants as a result of the prepayment and borrowing on the Fourth Amendment Effective Date contemplated if evidenced by this Section 2.20(a)an Assignment Agreement.