Common use of The Commitments and the Loans Clause in Contracts

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. (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 $[***]50,000,000. Amounts paid or prepaid in respect of New Money Loans may not be reborrowed. (b) On the Closing Date, the outstanding $22,500,000 in 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 Roll Up Loans” opposite such Lender’s name (such loans, the “Rollover Roll Up Loans”), in full satisfaction by conversion the proceeds of which shall be deemed to have been disbursed, on behalf of the “New Money Loans” Borrower and at the Borrower’s direction, to each Lender in the same amount as set forth on such Schedule 2.01 in payment for the repurchase of Convertible Notes held by each such Lender in the same principal amount as reflected on such Schedule and the Borrower shall be deemed to have repurchased such Convertible Notes in such amounts. On the Closing Date, (x) Convertible Notes in the amount of $22,500,000 shall be cancelled in accordance with the terms of the Convertible Notes and accrued fees related instructions delivered to the trustee for the Convertible Notes by the Borrower on the Closing Date and interest thereonsuch cancellation shall be deemed to be simultaneous with the foregoing and (y) under, and as defined in, the Existing Bridge Credit Agreement. The Rollover Roll Up 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 $[***]22,500,000. Amounts paid or prepaid in respect of Rollover Roll Up 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. 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 LenderXxxxxx’s Commitment; provided that the loans made by all Lenders under this Section 2.01(a) shall not exceed in the aggregate $[***27,400,000]. 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, $[***54,500,000] 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 LenderXxxxxx’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 $[***54,500,000]. Amounts paid or prepaid in respect of Rollover Loans may not be reborrowed. Once borrowed (or deemed borrowed), the The New Money Loans and the Rollover Loans shall constitute a single tranche of Loans for all purposes under this Agreement.