Common use of Term Loans and Borrowings Clause in Contracts

Term Loans and Borrowings. (1) Subject to the terms and conditions set forth herein, each Tranche B Term Loan Lender severally agrees to make to the Borrower Tranche B Term Loans denominated in Dollars equal to such Tranche B Term Loan Lender’s Tranche B Term Loan Commitment on the Closing Date. The Tranche B Term Loans will be funded to the Borrower net of an upfront fee of 0.25% of the principal amount thereof which will be retained by each funding Tranche B Term Loan Lender for its own account. The failure of any Lender to make any Term Loan required to be made by it will not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender will be responsible for any other Lender’s failure to make Term Loans as required. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Term Loans and Borrowings. (1) Subject to the terms and conditions set forth hereinherein and only during the Availability Period, each Tranche B Term Loan Lender severally agrees to make term loans (collectively, the “Term Loans”) to the Borrower Tranche B Term Loans denominated Borrowers in Dollars an aggregate amount not to exceed the lesser of (i) such Lender’s Commitment or (ii) an amount equal to such Tranche B Term Loan Lender’s Tranche B Term Loan Commitment on Applicable Percentage of the Closing DateBorrowing Base at such time. The Tranche B Principal amounts of the Term Loans will that have been repaid or prepaid may not be funded to the Borrower net of an upfront fee of 0.25% of the principal amount thereof which will be retained by each funding Tranche B Term Loan Lender for its own accountreborrowed. The failure of any Lender to make any Term Loan required to be made by it will shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender will shall be responsible for any other Lender’s failure to make Term Loans as required. Amounts paid or prepaid in respect of Term Loans may not be reborrowedrequired herein.

Term Loans and Borrowings. (1) Subject to the terms and conditions set forth herein, each Tranche B Term Loan Lender severally agrees to make to the Borrower Tranche B Term Loans denominated in Dollars equal to such Tranche B Term Loan Lender’s Tranche B Term Loan Commitment on the Closing Date. The Tranche B Term Loans will be funded to the Borrower net of an upfront fee of 0.250.50% of the principal amount thereof which will be retained by each funding Tranche B Term Loan Lender for its own account. The failure of any Lender to make any Term Loan required to be made by it will not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender will be responsible for any other Lender’s failure to make Term Loans as required. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Term Loans and Borrowings. (1) Subject to the terms and conditions set forth herein, each Tranche B Initial Term Loan Lender severally agrees to make to the Borrower Tranche B Initial Term Loans denominated in Dollars equal to such Tranche B Initial Term Loan Lender’s Tranche B Initial Term Loan Commitment on the Closing Date. The Tranche B Initial Term Loans will be funded to the Borrower net of an upfront fee of 0.251.00% of the principal amount thereof which will be retained by each funding Tranche B Initial Term Loan Lender for its own account. The failure of any Lender to make any Term Loan required to be made by it will not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender will be responsible for any other Lender’s failure to make Term Loans as required. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.