Common use of Terms of New Loans and Commitments Clause in Contracts

Terms of New Loans and Commitments. The terms and provisions of Loans made pursuant to the new Commitments shall be as follows: (i) terms and provisions of Term Loans made pursuant to new Commitments shall be, except as otherwise set forth herein or in the Increase Joinder, identical to the Term Loans (it being understood that such Term Loans may be part of an existing tranche of Term Loans); (ii) the weighted average life to maturity of all new Term Loans shall be no shorter than the weighted average life to maturity of the existing Term Loans; (iii) the maturity date of the new Term Loans shall not be earlier than the Final Maturity Date; (iv) the Applicable Margins for the new Term Loans shall be determined by Borrower and the applicable new Lenders; provided, however, that the Applicable Margins for the new Term Loans shall not be greater than the Applicable Margins then payable with respect to the Term Loans plus 50 basis points. The increased or new Commitments shall be effected by a joinder agreement (the "INCREASE JOINDER") executed by Borrower, the Administrative Agent and each Lender making such increased or new Commitment, in form and substance satisfactory to each of them. The Increase Joinder may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent, to effect the provisions of this Section 2.19.

Terms of New Loans and Commitments. The terms and provisions of Loans made pursuant to the new Commitments shall be as follows: (i) terms and provisions of Term Loans made pursuant to new Incremental Second Lien Commitments (“Incremental Term Loans”) shall be, except as otherwise set forth herein or in the Increase Joinderherein, identical to the existing Term Loans (it being understood that such Incremental Term Loans may be part of an existing tranche of Term Loans); (ii) the weighted average life to maturity of all new any such Incremental Term Loans shall be no shorter not amortize (on a percentage basis) any faster than the weighted average life to maturity of the existing Term LoansLoans and shall not mature prior to the Term Loan Maturity Date; (iii) in the maturity date event that the Applicable Margin for the Incremental Loans (inclusive of upfront fees and OID payable to such Lenders) is greater than the new Applicable Margin for the existing Term Loans (inclusive of any upfront fees and OID paid to the existing Lenders), then the Applicable Margin for the corresponding class of existing Loans shall not be earlier than increased to the Final Maturity Date;extent necessary such that the Applicable Margin for the existing class of Loans is equal to the Applicable Margin for the Incremental Loans; and (iv) participation in the Applicable Margins for the new Term Loans shall be determined by Borrower Incremental Second Lien Commitments and the applicable new Lenders; provided, however, that the Applicable Margins for the new Term Loans shall not be greater than the Applicable Margins then payable with respect to the Term Loans plus 50 basis points. The increased or new Incremental Commitments shall be effected by a joinder agreement (the "INCREASE JOINDER") executed by Borroweroffered to banks, the Administrative Agent financial institutions and each Lender making such increased or new Commitment, in form other entities reasonably acceptable to EnergySolutions and substance satisfactory to each of them. The Increase Joinder may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent, to effect the provisions of this Section 2.19.

Terms of New Loans and Commitments. The terms and provisions of Loans made pursuant to the new Commitments shall be as follows: (i) terms and provisions of Term B Loans made pursuant to new Commitments shall be, except as otherwise set forth herein or in the Increase Joinder, identical to the Term B Loans (it being understood that such Term B Loans may be part of an a new or existing tranche of Term B Loans); (ii) the weighted average life to maturity of all new Term B Loans shall be no shorter than the weighted average life to maturity of the Revolving Loans and the existing Term B Loans; (iii) the maturity date of the new Term B Loans shall not be earlier than the Final Term Loan Maturity Date; (iv) the Applicable Margins for the new Term B Loans shall be determined by Borrower and the applicable new Lenders; provided, however, that the Applicable Margins for the new Term B Loans shall not be greater than the highest Applicable Margins then that may, under any circumstances, be payable with respect to the existing Term B Loans plus 50 basis pointspoints (and the Applicable Margins applicable to the Term B Loans shall be increased to the extent necessary to achieve the foregoing). The increased or new Commitments shall be effected by a joinder agreement (the "INCREASE JOINDER") executed by Borrower, the Administrative Agent and each Lender making such increased or new Commitment, in form and substance satisfactory to each of them. The Increase Joinder may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent, to effect the provisions of this Section 2.192.20.

Terms of New Loans and Commitments. The terms and provisions of Loans made pursuant to the new Incremental Commitments shall be as follows: (i) the terms and provisions of Incremental Term Loans made pursuant to new Commitments shall be, except as otherwise set forth herein or in the Increase Joinder, identical to the Term Loans (it being understood that such Incremental Term Loans may be a part of an existing tranche of the Term Loans)) and to the extent that the terms and provisions of Incremental Term Loans are not identical to the Term Loans (except to the extent permitted by clause (iii) or (iv) below) they shall be reasonably satisfactory to the Administrative Agent; provided that in any event the Incremental Term Loans must comply with clauses (iii) and (iv) below. (ii) the terms and provisions of Revolving Loans made pursuant to new Revolving Commitments shall be identical to the Revolving Loans; (iiiii) the weighted average life to maturity of all new any Incremental Term Loans shall be no shorter than the remaining weighted average life to maturity of the then existing Term Loans;; and (iiiiv) the maturity date of the new Incremental Term Loans (the “Incremental Term Loan Maturity Date”) shall not be earlier than the Final Maturity Date; (iv) the Applicable Margins for the new Term Loans shall be determined by Borrower and the applicable new Lenders; provided, however, that the Applicable Margins for the new Term Loans shall not be greater than the Applicable Margins then payable with respect to the Term Loans plus 50 basis points. The increased or new Commitments shall be effected by a joinder agreement (the "INCREASE JOINDER") executed by Borrower, the Administrative Agent and each Lender making such increased or new Commitment, in form and substance satisfactory to each of them. The Increase Joinder may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent, to effect the provisions of this Section 2.19.

Terms of New Loans and Commitments. The terms and provisions of Loans made pursuant to the new Commitments shall be as follows: (i) terms and provisions of Term Loans made pursuant to new Incremental Commitments (“Incremental Loans”) shall be, except as otherwise set forth herein or in the Increase Joinder, identical to the Term Loans (it being understood that such Term Incremental Loans may be a part of an existing tranche of Term the Loans); provided that the rate of interest and the amortization schedule applicable to the Incremental Loans shall be determined by the Borrower and the applicable new Lenders and shall be set forth in the applicable Increase Joinder; (ii) the weighted average life to maturity of all new Term any Incremental Loans shall be no shorter than the weighted average life to maturity of the existing Term Loans;; and (iii) the maturity date of Incremental Loans (the new Term Loans “Incremental Maturity Date”) shall not be earlier than the Final Maturity Date; (iv) the Applicable Margins for the new Term Loans shall be determined by Borrower and the applicable new Lenders; provided, however, that the Applicable Margins for the new Term Loans shall not be greater than the Applicable Margins then payable with respect to the Term Loans plus 50 basis points. The increased or new Commitments shall be effected by a joinder agreement (the "INCREASE JOINDER"“Increase Joinder”) executed by the Borrower, the Administrative Agent and each Lender making such increased or new Commitment, in form and substance satisfactory to each of them. The Increase Joinder may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent, to effect the provisions of this Section 2.192.14. In addition, unless otherwise specifically provided herein, all references in Loan Documents to Loans shall be deemed, unless the context otherwise requires, to include references to Incremental Loans, made pursuant to this Agreement.

Terms of New Loans and Commitments. The terms and provisions of Loans made pursuant to the new Commitments shall be as follows: (i) terms and provisions of Term Loans made pursuant to new Commitments shall be, except as otherwise set forth herein or in the Increase Joinder, identical to the Term Loans (it being understood that such Term Loans may be part of an existing tranche of Term Loans); (ii) the weighted average life to maturity of all new Term Loans shall be no shorter than the weighted average life to maturity of the existing Term Loans; (iii) the maturity date of the new Term Loans shall not be earlier than the Final Maturity Date; (iv) the Applicable Margins for the new Term Loans shall be determined by Borrower and the applicable new Lenders; provided, however, that the Applicable Margins for the new Term Loans shall not be greater than the Applicable Margins then payable with respect to the Term Loans plus 50 basis points. The increased or new Commitments shall be effected by a joinder agreement (the "INCREASE JOINDER"“Increase Joinder”) executed by Borrower, the Administrative Agent and each Lender making such increased or new Commitment, in form and substance satisfactory to each of them. The Increase Joinder may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent, to effect the provisions of this Section 2.19.

Terms of New Loans and Commitments. The terms and provisions of Loans made pursuant to the new Incremental Commitments shall be as follows: (i) the terms and provisions of Incremental Term Loans made pursuant to new Commitments shall be, except as otherwise set forth herein or in the Increase Joinder, identical to the Term Loans (it being understood that such Incremental Term Loans may be a part of an existing tranche of the Term Loans)) and to the extent that the terms and provisions of Incremental Term Loans are not identical to the Term Loans (except to the extent permitted by clause (iii) or (iv) below) they shall be reasonably satisfactory to the Administrative Agent; provided that in any event the Incremental Term Loans must comply with clauses (iii) and (iv) below; (ii) the terms and provisions of Revolving Credit Loans made pursuant to new Revolving Credit Commitments shall be identical to the Revolving Credit Loans; (iii) the weighted average life to maturity of all new any Incremental Term Loans shall be no shorter than the remaining weighted average life to maturity of the then existing Term Loans;; and (iiiiv) the maturity date of the new Incremental Term Loans (the “Incremental Term Loan Maturity Date”) shall not be earlier than the Final Maturity Date; (iv) the Applicable Margins for the new Term Loans shall be determined by Borrower and the applicable new Lenders; provided, however, that the Applicable Margins for the new Term Loans shall not be greater than the Applicable Margins then payable with respect to the Term Loans plus 50 basis points. The increased or new Commitments shall be effected by a joinder agreement (the "INCREASE JOINDER") executed by Borrower, the Administrative Agent and each Lender making such increased or new Commitment, in form and substance satisfactory to each of them. The Increase Joinder may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent, to effect the provisions of this Section 2.19.