The Commitments and the Loans. Subject to the terms and conditions of this Agreement and relying on the representations and warranties herein set forth:
The Commitments and the Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make (or cause its Applicable Lending Office to make), to the Borrower, subject to the terms and conditions hereof, on the Closing Date, term loans in one drawing in an aggregate principal amount not to exceed such Lender’s Commitment; provided that the loans made by all Lenders under this Section 2.01(a) shall not exceed in the aggregate $[***]. Amounts paid or prepaid in respect of New Money Loans may not be reborrowed.
(b) On the Closing Date, the outstanding principal amount of the “New Money Loans” (and accrued fees and interest thereon) under, and as defined in, the Existing Bridge Credit Agreement shall be converted into, and shall be deemed to constitute, additional loans under this Agreement (in addition to those advanced under Section 2.01(a) above). On the Closing Date, $[***] in principal amount of such additional loans shall be deemed to have been advanced by Lenders to Borrower under this Agreement in the amounts set forth for each Lender on Schedule 2.01 under the caption “Rollover Loans” opposite such Lender’s name (such loans, the “Rollover Loans”), in full satisfaction by conversion of the “New Money Loans” (and accrued fees and interest thereon) under, and as defined in, the Existing Bridge Credit Agreement. The Rollover Loans shall be deemed to be Loans outstanding for all purposes under this Agreement owed by the Borrower to such Lenders in the aggregate principal amount of $[***]. Amounts paid or prepaid in respect of Rollover Loans may not be reborrowed. Once borrowed (or deemed borrowed), the New Money Loans and the Rollover Loans shall constitute a single tranche of Loans for all purposes under this Agreement.
The Commitments and the Loans. 23 SECTION 2.1
The Commitments and the Loans. Section 2.01 The Commitments and the Loans 27 Section 2.02 Prepayments 28 Section 2.03 Repayment of Loans 30 Section 2.04 Interest 30 Section 2.05 Fees 31 Section 2.06 Computation of Interest and Fees 31 Section 2.07 Evidence of Indebtedness 31 Section 2.08 Payments Generally 32 Section 2.09 Sharing of Payments 33 Section 3.01 Taxes 34 Section 3.02 Increased Cost and Reduced Return; Capital and Liquidity Requirements 38 Section 3.03 Matters Applicable to All Requests for Compensation 39 Section 3.04 Mitigation Obligations; Replacement of Lenders under Certain Circumstances 39 Section 3.05 Survival 40 Section 4.01 Conditions to Loans 40
The Commitments and the Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees to make (or cause its Applicable Lending Office to make) to the Borrower, from time to time on and after the Closing Date and until the Commitment Expiration Date, term loans in one or more drawings in an aggregate principal amount not to exceed such Lender’s Commitment; provided that the Loans made by all Lenders under this Section 2.01 shall not exceed in the aggregate the lesser of (i) the Aggregate Commitments and (ii) the maximum amount authorized by the Final Order. The Commitment of each Lender shall be reduced by the amount of any funding thereunder and shall be terminated on the Commitment Expiration Date. Amounts paid or prepaid in respect of the Loans may not be reborrowed. The proceeds of all Loans shall remain in a bank account maintained by the Borrower that is subject to a control agreement in favor of the Administrative Agent until such proceeds are used in accordance with Section 6.12.
The Commitments and the Loans. 2.1 Commitment of the Banks.........................................10 2.2 Reduction of Commitments........................................10 2.3 Fees............................................................10 2.4
The Commitments and the Loans. Section 2.01The Commitments and the Loans 24 Section 2.02Prepayments 25 Section 2.03Repayment of Loans 27 Section 2.04Interest 27 Section 2.05Fees 27 Section 2.06Computation of Interest and Fees 28 Section 2.07Evidence of Indebtedness 28 Section 2.08Payments Generally 29 Section 2.09Sharing of Payments 30 Section 2.10Extension Option 30
The Commitments and the Loans. 2.1 The Loans 2.2 Borrowings, Conversions and Continuations of Loans
2.3 [Reserved]
The Commitments and the Loans. Subject to the terms and conditions hereof (including Sections 6.1 and 6.2 hereof), each Bank, by its acceptance hereof, severally agrees to make a single Loan to the Borrower in U.S. Dollars on the Closing Date in an aggregate outstanding amount up to the amount of its commitment set forth opposite the name of such Bank on Schedule 2.1 hereto (such amount, as reduced pursuant to Section 2.8 or Section 2.12 hereof or changed as a result of one or more assignments under Section 11.10 hereof, its “Commitment” and, cumulatively for all the Banks, the “Commitments”). As provided in Section 2.5(a) hereof, the Borrower may elect that each Borrowing of Loans be either Base Rate Loans or Eurodollar Loans. Loans may not be reborrowed once repaid. The Commitment of each Bank to lend to the Borrower shall automatically expire on the Availability Termination Date after giving effect to any Loans made pursuant to this Section 2.1 on such date. Unless an earlier maturity is provided for hereunder, all Loans shall mature and be due and payable on the Termination Date.
The Commitments and the Loans. 16 2.1 Commitments of the Banks............................ 16 2.2
