Common use of to the Credit Agreement Clause in Contracts

to the Credit Agreement. Schedule 1.2 to the Credit Agreement is hereby amended and restated in its entirety in the form of Schedule 1.2 attached hereto, and Schedule 1.2 attached hereto shall be deemed to be attached as Schedule 1.2 to the Credit Agreement. Immediately after giving effect to this Second Amendment and any Borrowings made on the Second Amendment Effective Date, (a) each Lender (including each New Lender) who holds Loans in an aggregate amount less than its Applicable Revolving Credit Percentage of all Loans shall advance new Loans which shall be disbursed to the Administrative Agent and used to repay Loans outstanding to each Lender who holds Loans in an aggregate amount greater than its Applicable Revolving Credit Percentage of all Loans, (b) each Lender’s (including each New Lender’s) participation in each Letter of Credit, if any, shall be automatically adjusted to equal its Applicable Revolving Credit Percentage, (c) such other adjustments shall be made as the Administrative Agent shall specify so that the Revolving Credit Exposure applicable to each Lender (including each New Lender) equals its Applicable Revolving Credit Percentage of the aggregate Revolving Credit Exposure of all Lenders and (d) upon request by each applicable Lender, the Borrower shall be required to make any break funding payments owing to such Lender that are required under Section 5.02 of the Credit Agreement (prior to giving effect to the Second Amendment) as a result of the reallocation of Loans and adjustments described in this Section 2.3 or the conversion of Loans pursuant to Section 3 hereof.

to the Credit Agreement. Schedule 1.2 2.1 to the Credit Agreement is hereby amended and restated in its entirety in the form of Schedule 1.2 2.1 attached hereto, hereto and Schedule 1.2 2.1 attached hereto shall be deemed to be attached as Schedule 1.2 2.1 to the Credit AgreementAgreement as of the Third Amendment Effective Date. Immediately after giving effect to this Second Third Amendment and any Borrowings made on the Second Third Amendment Effective Date, (ai) each Lender (including each New Lender but excluding, for the avoidance of doubt, the Exiting Lender) who holds Loans in an aggregate amount less than its Applicable Revolving Credit Percentage of all Loans shall advance new Loans which shall be disbursed to the Administrative Successor Agent and used to repay Loans outstanding to each Lender who holds Loans in an aggregate amount greater than its Applicable Revolving Credit Percentage of all LoansLoans (including, for the avoidance of doubt, the repayment of all Loans owing to the Exiting Lender), (bii) each Lender’s (including each any New Lender’s) participation in each Letter of Credit, if any, shall be automatically adjusted to equal its Applicable Revolving Credit Percentage, Percentage and (ciii) such other adjustments shall be made as the Administrative Successor Agent shall specify so that the Revolving Credit Exposure applicable to each Lender (including each New Lender) equals its Applicable Revolving Credit Percentage of the aggregate Revolving Credit Exposure of all Lenders (and any other such adjustments that the Successor Agent shall specify that provide for the payment of all accrued and unpaid interest owing to the Exiting Lender). Each Exiting Lender and Lender signatory hereto with Loans outstanding as of the Third Amendment Effective Date immediately prior to giving effect to this Third Amendment (d) upon request by each applicable Lenderexcluding, for the avoidance of doubt, the Borrower shall be required New Lenders) hereby waives the right to make request any break funding payments owing to such Lender that are required under subject to Section 5.02 3.5 of the Credit Agreement (prior to giving effect to the Second Amendment) as a result of the reallocation of Loans and adjustments described in this Section 2.3 or the conversion of Loans pursuant to Section 3 hereof3.2.

to the Credit Agreement. Effective as of the First Amendment Effective Date, the parties hereto hereby agree that the aggregate Commitments are hereby increased from $175,000,000 to $225,000,000, such increase by the Accordion Lenders shall be deemed to be in conformity with Section 2.10 of the Amended Credit Agreement, and Schedule 1.2 2.1 attached to the Credit Agreement is hereby amended and restated replaced in its entirety in the form of with Schedule 1.2 2.1 attached hereto, and . Schedule 1.2 2.1 attached hereto shall be deemed to be attached as Schedule 1.2 2.1 to the Amended Credit AgreementAgreement as of the First Amendment Effective Date. Immediately after giving effect to this Second First Amendment and any Borrowings made on the Second First Amendment Effective Date, (a) each Accordion Lender (including each the New Lender) who holds Loans in an aggregate amount less than its Applicable Revolving Credit Percentage of all Loans shall advance new Loans which shall be disbursed to the Administrative Agent and used to repay Loans outstanding to each Lender who holds Loans in an aggregate amount greater than its Applicable Revolving Credit Percentage (immediately after giving effect to this First Amendment) of all Loans, (b) each Lender’s (including each the New Lender’s) participation in each Letter of Credit, if any, shall be automatically adjusted to equal its Applicable Revolving Credit PercentagePercentage (immediately after giving effect to this First Amendment), (c) such other adjustments shall be made as the Administrative Agent shall reasonably specify so that the Revolving Credit Exposure applicable to each Lender (including each the New Lender) equals its Applicable Revolving Credit Percentage (immediately after giving effect to this First Amendment) of the aggregate Revolving Credit Exposure Exposures of all Lenders Lenders, and (d) upon the written request by each any applicable Lender, the Borrower Holdings shall be required to make any break funding payments owing to such Lender that are required under Section 5.02 3.5 of the Credit Agreement (prior to giving effect to the Second Amendment) as a result of the reallocation of Loans and the other adjustments described in this Section 2.3 or the conversion of Loans pursuant to Section 3 hereof1.3.

to the Credit Agreement. Schedule 1.2 2.01 to the Credit Agreement is hereby amended and restated replaced in its entirety in the form of with Schedule 1.2 2.01 attached hereto, hereto and Schedule 1.2 2.01 attached hereto shall be deemed to be attached as Schedule 1.2 2.01 to the Credit Agreement. Immediately after After giving effect to this Second Amendment Amendment, the amendments to the Credit Agreement set forth in Article II hereof and any Borrowings made on the Second Amendment Effective Date, (a) each Lender (including each New Lenderother than the Exiting Lenders (as defined below)) who holds Loans in an aggregate amount less than its Applicable Revolving Credit Percentage of all Loans shall advance new Loans which shall be disbursed to the Administrative Agent and used to repay Loans outstanding to each Lender who holds Loans in an aggregate amount greater than its Applicable Revolving Credit Percentage of all Loans, (b) each Lender’s (including each New Lender’s) participation in each Letter of Credit, if any, shall be automatically adjusted to equal its Applicable Revolving Credit Percentage, Percentage and (c) such other adjustments shall be made as the Administrative Agent shall specify so that the Revolving Credit Exposure applicable to each Lender (including each New Lender) equals its Applicable Revolving Credit Percentage of the aggregate Revolving Credit Exposure of all Lenders and (d) upon request by each applicable LenderLenders. Each Lender agrees to waive, the Borrower shall be required to make on a one-time basis, any break funding payments owing to such Lender that are it, if any, as required under Section 5.02 2.17 of the Credit Agreement (prior to giving effect to on the Second Amendment) Amendment Effective Date as a result of the reallocation of Loans and other adjustments described in contemplated by this Section 2.3 or the conversion of Loans pursuant to Section 3 hereof2.02.