Common use of Term Loan Amounts Clause in Contracts

Term Loan Amounts. On the terms and subject to the conditions set forth herein, each Lender severally agrees to make to Borrowers a term loan in an original principal amount equal to such Lender’s Term Loan Commitment Percentage (collectively, the “Term Loan”). Each Lender’s obligation to fund the Term Loan shall be limited to such Lender’s Term Loan Commitment Percentage, and no Lender shall have any obligation to fund any portion of any Term Loan required to be funded by any other Lender, but not so funded. No Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. The Term Loan may be funded in no more than three (3) advances of no less than $2,000,000 each (each, a “Draw”), and in an aggregate amount not to exceed the Term Loan Commitment; provided, however, that no Draws under the Term Loan may be made at any time after October 15, 2007, and any portion of the Term Loan Commitment not funded as of 5:00pm (Chicago time) on October 15, 2007 shall thereupon automatically be terminated, and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitment. The initial Draw made under the Term Loan shall be in an amount of not less than $7,500,000 and shall be advanced on the Closing Date. Borrowers shall deliver to Administrative Agent a Notice of Borrowing with respect to each proposed Draw, such Notice of Borrowing to be delivered no later than noon (Chicago time) five (5) Business Days prior to such proposed Draw.

Term Loan Amounts. On the terms and subject to the conditions set forth herein, each Lender severally agrees the Lenders hereby agree to make to Borrowers a term loan in an original principal amount equal to such Lender’s the Term Loan Commitment Percentage (collectively, the “Term Loan”). Each Lender’s obligation to fund the Term Loan shall be limited to such Lender’s Term Loan Commitment Percentage, and no Lender shall have any obligation to fund any portion of any Term Loan required to be funded by any other Lender, but not so funded. No Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. The Term Loan may be funded in no more than three (3) multiple advances of no less than $2,000,000 each (each, a “Draw”), and in an aggregate amount not to exceed the Term Loan Commitment; provided, however, that but no Draws advances under the Term Loan may shall be made at any time after October 15December 31, 2007, and any portion of the Term Loan Commitment not funded as of 5:00pm (Chicago time) the close of business on October 15such December 31, 2007 shall thereupon automatically be terminated, terminated and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitment. The initial Draw made under Lenders shall have no obligation to make more than one (1) advance in respect of the Term Loan per calendar month and Lenders shall be in an amount have no obligation to make any advance of not the Term Loan that is less than $7,500,000 and shall be advanced on the Closing Date1,000,000 (other than any final disbursement). Borrowers shall deliver to Administrative Agent a Notice of Borrowing with respect to each proposed DrawTerm Loan advance, such Notice of Borrowing to be delivered no later than noon 2:00 PM (Chicago time) five two (52) Business Days prior to such proposed Drawborrowing.

Term Loan Amounts. On the terms and subject to the conditions set forth herein, each Lender severally agrees the Lenders hereby agree to make to Borrowers a term loan in an original principal amount equal to such Lender’s the Term Loan Commitment Percentage (collectively, the “Term Loan”). Each Lender’s obligation to fund the Term Loan shall be limited to such Lender’s Term Loan Commitment Percentage, and no Lender shall have any obligation to fund any portion of any Term Loan required to be funded by any other Lender, but not so funded. No Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. The Term Loan may be funded in no more than three (3) multiple advances of no less than $2,000,000 each (each, a “Draw”), and in an aggregate amount not to exceed the Term Loan Commitment; provided, however, that but no Draws advances under the Term Loan may shall be made at any time after October 15June 30, 2007, and any portion of the Term Loan Commitment not funded as of 5:00pm (Chicago time) the close of business on October 15such June 30, 2007 shall thereupon automatically be terminated, terminated and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitment. The initial Draw made under Lenders shall have no obligation to make more than one (1) advance in respect of the Term Loan per calendar month and Lenders shall be in an amount have no obligation to make any advance of not the Term Loan that is less than $7,500,000 and shall be advanced on the Closing Date1,000,000 (other than any final disbursement). Borrowers shall deliver to Administrative Agent a Notice of Borrowing with respect to each proposed DrawTerm Loan advance, such Notice of Borrowing to be delivered no later than noon 2:00 PM (Chicago time) five two (52) Business Days prior to such proposed Drawborrowing. Notwithstanding anything to the contrary provided for in the foregoing or otherwise in this Agreement, as of the close of business on March 31, 2007, if the total aggregate amount of all advances under the Term Loan requested by Borrowers and funded by Lenders as of such date does not equal or exceed $10,000,000, then as of such date the Term Loan Commitment shall be automatically reduced by an amount equal to the difference between $10,000,000 and such total aggregate amount of all advances under the Term Loan made as of such date and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitment.

Term Loan Amounts. On the terms and subject to the conditions set forth herein, each Lender severally agrees the Lenders hereby agree to make to Borrowers a term loan in an original principal amount equal to such Lender’s the Term Loan Commitment Percentage (collectively, the “Term Loan”"TERM LOAN"). Each Lender’s 's obligation to fund the Term Loan shall be limited to such Lender’s 's Term Loan Commitment Percentage, and no Lender shall have any obligation to fund any portion of any Term Loan required to be funded by any other Lender, but not so funded. No Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. The Subject to the terms and conditions contained herein, the Term Loan may be funded in no more than three two advances (3each such advance being hereinafter referred to as a "TRANCHE") advances of no less than $2,000,000 each (each, a “Draw”), and in an aggregate amount not to exceed the Term Loan Commitment, but no advances under the Term Loan shall be made after the Commitment Expiry Date. The initial Tranche of the Term Loan (the "TRANCHE A ADVANCE") shall be advanced on the date hereof in the amount of Twelve Million Dollars ($12,000,000). The second Tranche of the Term Loan (the "TRANCHE B ADVANCE") may be advanced in a single advance at any time through the Commitment Expiry Date and may not exceed Twelve Million Dollars ($12,000,000); provided, however, that no Draws under the Term Loan may Tranche B Advance shall not be made advanced at any time after October 15, 2007, and any portion of that either the Term Loan Commitment Market Cap Condition or the Opana Condition has not funded as of 5:00pm (Chicago time) on October 15, 2007 shall thereupon automatically be terminated, and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitment. The initial Draw made under the Term Loan shall be in an amount of not less than $7,500,000 and shall be advanced on the Closing Datebeen satisfied. Borrowers shall deliver to Administrative Agent a Notice of Borrowing with respect to each proposed DrawTerm Loan advance, such Notice of Borrowing to be delivered no later than noon (Chicago time) five two (52) Business Days prior to such proposed Drawthe funding date of the applicable advance.

Term Loan Amounts. (A) On the terms and subject to the conditions set forth herein, each Lender with a Term Loan Tranche 1 Commitment made to Borrowers a term loan on the Closing Date in an original aggregate principal amount equal to $40,000,000 (the “Term Loan Tranche 1”). (B) On the terms and subject to the conditions set forth herein and in the other Financing Documents, each Lender with a Term Loan Tranche 2 Commitment made to Borrowers a term loan, which was made in two installments on and prior to the Third Amendment Effective Date, in an original aggregate amount of $20,461,166 (the “Term Loan Tranche 2”); (C) On the terms and subject to the conditions set forth herein, each Lender with a Term Loan Tranche 3 Commitment severally hereby agrees to make to Borrowers a term loan on the Fourth Amendment Effective Date in an original aggregate principal amount equal to such Lender’s Term Loan Commitment Percentage of $25,000,000 (collectively, the “Term LoanLoan Tranche 3”). Each such Lender’s obligation to fund the Term Loan Tranche 3 shall be limited to such Lender’s Term Loan Commitment PercentagePercentage of the Term Loan Tranche 3, and no Lender shall have any obligation to fund any portion of any Term Loan required to be funded by any other Lender, but not so funded. . (D) No Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. The Term Loan may be funded in no more than three (3) advances of no less than $2,000,000 each (each, a “Draw”), and in an aggregate amount not to exceed the Term Loan Commitment; provided, however, that no Draws under the Term Loan may be made at any time after October 15, 2007, and any portion of the Term Loan Commitment not funded as of 5:00pm (Chicago time) on October 15, 2007 shall thereupon automatically be terminated, and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitment. The initial Draw made under the Term Loan shall be in an amount of not less than $7,500,000 and shall be advanced on the Closing Date. Borrowers shall deliver to Administrative Agent a Notice of Borrowing with respect to each proposed DrawTerm Loan advance, such Notice of Borrowing to be delivered no later than noon (Chicago Eastern time) five two (52) Business Days prior to such proposed Drawborrowing; provided that for the borrowing of the Term Loan on the Closing Date, Borrower may deliver the Notice of Borrowing on the Closing Date; provided further that, with respect to Term Loan Tranche 2, Borrowers further shall provide Agent written notice of its intent to borrow not less than thirty (30) days prior to such proposed borrowing, which notice shall set forth the proposed date of borrowing, except in connection with the $5,000,000 advance of the Term Loan Tranche 2 on the Second Amendment Effective Date when such prior notice shall not be required.

Term Loan Amounts. On the terms and subject to the conditions set forth hereinin this Agreement, each Lender the Lenders severally agrees hereby agree to make to Borrowers Borrower a term loan in an original principal amount equal to such Lender’s in the form of Term Loan Commitment Percentage Tranche 1 and Term Loan Tranche 2 (such term loan, collectively, the “Term Loan”). Each Lender’s obligation to fund the each of Term Loan Tranche 1 and Term Loan Tranche 2 shall be limited to such Lender’s Term Loan Commitment PercentagePercentage with respect thereto, and no Lender shall have any obligation to fund any portion of any Term Loan required to be funded by any other Lender, but not so funded. No Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. . (A) The Term Loan may Tranche 1 shall be funded in no more than three (3) advances of no less than $2,000,000 each (each, a “Draw”), and in an aggregate amount not to exceed the Term Loan Commitment; provided, however, that no Draws under the Term Loan may be made at any time after October 15, 2007, and any portion of the Term Loan Commitment not funded as of 5:00pm (Chicago time) on October 15, 2007 shall thereupon automatically be terminated, and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction one advance in the Term Loan Commitment. The initial Draw made under the Term Loan shall be in an amount of not less than $7,500,000 and shall be advanced 5,000,000 on the Closing Date. (B) For the period beginning on the date that Borrower has met the Net Revenue Threshold (which date shall in no instance be prior to January 1, 2016) through and including July 31, 2016 (the “Tranche 2 Draw Period”), Borrower may in its sole discretion request one or more additional Term Loans under Term Loan Tranche 2 (each a “Tranche 2 Request”). Each Term Loan disbursement in respect of a Tranche 2 Request shall be in a minimum amount of $2,500,000, and the total aggregate Term Loan disbursements in respect of all Tranche 2 Requests shall not exceed $10,000,000. Borrowers shall deliver to Administrative Agent a Tranche 2 Request in the form of a Notice of Borrowing with respect to each the proposed DrawTerm Loan advance, such Notice of Borrowing to be delivered no later than noon (Chicago Eastern time) five two (52) Business Days prior to such proposed Drawthe requested funding date.