Common use of Tranche A Commitment Clause in Contracts

Tranche A Commitment. Subject to the terms and conditions of this Agreement, each Lender agrees (severally, not jointly or jointly and severally) to make, from time to time prior to the Availability Termination Date, a series of term loans to Borrowers (each, a "Tranche A Advance" and collectively the "Tranche A Advances") in an aggregate amount at any one time outstanding not to exceed such Lender's Pro Rata Share of the Tranche A Commitment. Each Tranche A Advance shall be made in accordance with such Lender's Pro Rata Share at such times and in such amounts as any Borrower may request in writing, shall be advanced directly to the applicable vendor or Borrower and once borrowed may be prepaid in whole or in part without penalty or premium at any time during the term of this Agreement upon 30 days prior written notice by such Borrower to Agent, all such prepaid amounts to be applied to the installments due on all of the Tranche A Advances in the inverse order of their maturity. Amounts borrowed and repaid may not be reborrowed. The foregoing to the contrary notwithstanding, (a) each requested Tranche A Advance shall be in a principal amount of not less than (i) $500,000, or (ii) such lesser amount as is the then unfunded balance of the Tranche A Commitment, (b) each Tranche A Advance shall be in an amount, as determined by Agent, not to exceed such Borrower's invoice cost (including shipping, freight, and installation) with respect to new Gaming Equipment that is to be purchased in the ordinary course of business by a Borrower with the proceeds of such Tranche A Advance, (c) the new Gaming Equipment that is to be acquired or that has been purchased by Borrowers must be for Gaming Equipment listed on Schedule 7.17 hereto and be otherwise acceptable to Agent in all respects, not be a fixture, and not be intended to be affixed to real property or to become installed in or affixed to other goods, and (d) no Lender shall have any obligation to fund any Tranche A Advance hereunder to the extent that the making thereof would cause the then outstanding amount of Tranche A Advances to exceed the Tranche A Commitment. All amounts outstanding under the Tranche A Commitment shall constitute Obligations.

Tranche A Commitment. Subject Upon and subject to the terms and conditions hereof, (i) the Fronting Bank hereby agrees to issue Tranche A Fronted Letters of this Agreement, each Lender agrees (severally, not jointly Credit at the request of and for the account of Max Bermuda or jointly and severally) to make, any of its Insurance Subsidiaries from time to time prior to before the Availability Tranche A Commitment Termination Date, (ii) each Lender that is not a series of term loans Participating Bank hereby agrees to Borrowers (each, a "issue Tranche A Advance" Several Letters of Credit at the request of and collectively for the "account of Max Bermuda or any of its Insurance Subsidiaries from time to time before the Tranche A Advances"Commitment Termination Date in such Lender’s Percentage of such aggregate stated amounts as Max Bermuda may from time to time request, (iii) each Lender hereby agrees to purchase Risk Participations in the obligations of the Fronting Bank under Tranche A Fronted Letters of Credit, and (iv) with respect to Tranche A Several Letters of Credit, the Fronting Bank shall be severally (and not jointly) liable for an amount equal to its Percentage plus each Participating Bank’s Percentage and each Participating Bank hereby agrees to purchase Risk Participations in the obligations of the Fronting Bank under any such Tranche A Several Letter of Credit in an aggregate amount at equal to such Participating Bank’s Percentage; provided, however, that after giving effect to any one time Credit Extension pursuant to this Section 2.1(a), (A) the Tranche A Obligations outstanding shall not to exceed the lesser of (x) the combined Tranche A Commitments and (y) the Tranche A Borrowing Base, (B) the Tranche A Obligations of any Lender will not exceed such Lender's Pro Rata Share of the Tranche A Commitment. Each Tranche A Advance shall be made in accordance with such Lender's Pro Rata Share at such times and in such amounts as any Borrower may request in writing, shall be advanced directly to the applicable vendor or Borrower and once borrowed may be prepaid in whole or in part without penalty or premium at any time during the term of this Agreement upon 30 days prior written notice by such Borrower to Agent, all such prepaid amounts to be applied to the installments due on all of the Tranche A Advances in the inverse order of their maturity. Amounts borrowed and repaid may not be reborrowed. The foregoing to the contrary notwithstanding, (a) each requested Tranche A Advance shall be in a principal amount of not less than (i) $500,000, or (ii) such lesser amount as is the then unfunded balance of the ’s Tranche A Commitment, and (bC) each Tranche A Advance the conditions in Section 2.3(b) shall be in an amount, as determined by Agent, not to exceed such Borrower's invoice cost (including shipping, freight, and installation) with respect to new Gaming Equipment that is to be purchased in the ordinary course of business by a Borrower with the proceeds of such Tranche A Advance, (c) the new Gaming Equipment that is to be acquired or that has been purchased by Borrowers must be for Gaming Equipment listed on Schedule 7.17 hereto and be otherwise acceptable to Agent in all respects, not be a fixture, and not be intended to be affixed to real property or to become installed in or affixed to other goods, and (d) no Lender shall have any obligation to fund any Tranche A Advance hereunder to the extent that the making thereof would cause the then outstanding amount of Tranche A Advances to exceed the Tranche A Commitment. All amounts outstanding under the Tranche A Commitment shall constitute Obligationsmet.

Tranche A Commitment. Subject Upon and subject to the terms and conditions hereof, (i) each Fronting Bank (subject to the definition thereof) hereby agrees to issue Tranche A Fronted Letters of this Agreement, Credit in Dollars or an Alternative Currency at the request of and for the account of each Lender agrees (severally, not jointly or jointly and severally) to make, Tranche A Designated Subsidiary Borrower from time to time prior to during the Availability Termination Date, a series of term loans to Borrowers (each, a "Tranche A Advance" and collectively the "Tranche A Advances") in an aggregate amount at any one time outstanding not to exceed such Lender's Pro Rata Share of the Tranche A Commitment. Each Tranche A Advance shall be made in accordance with such Lender's Pro Rata Share at such times and in such amounts as any Borrower may request in writing, shall be advanced directly to the applicable vendor or Borrower and once borrowed may be prepaid in whole or in part without penalty or premium at any time during the term of this Agreement upon 30 days prior written notice by such Borrower to Agent, all such prepaid amounts to be applied to the installments due on all of the Tranche A Advances in the inverse order of their maturity. Amounts borrowed and repaid may not be reborrowed. The foregoing to the contrary notwithstandingPeriod, (a) each requested Tranche A Advance shall be in a principal amount of not less than (i) $500,000, or (ii) such lesser amount as is the then unfunded balance of the Tranche A Commitment, (b) each Tranche A Advance shall be Lender that is not a Participating Bank hereby agrees to issue Tranche A Several Letters of Credit in Dollars at the request of and for the account of each Tranche A Designated Subsidiary Borrower from time to time during the Availability Period in such Lender’s Applicable Percentage of such aggregate stated amounts as such Tranche A Designated Subsidiary Borrower may from time to time request, (iii) each Tranche A Lender hereby agrees to purchase risk participations in the obligations of the issuing Fronting Bank under Tranche A Fronted Letters of Credit in an amount, as determined by Agent, not to exceed amount equal of such Borrower's invoice cost (including shipping, freightTranche A Lender’s Applicable Percentage of such obligations, and installation(iv) with respect to new Gaming Equipment that is Tranche A Several Letters of Credit, the applicable Fronting Bank shall be severally (and not jointly) liable for an amount equal to be purchased its Applicable Percentage plus each Participating Bank’s Applicable Percentage of the amount of such Several Letter of Credit and each Participating Bank hereby agrees to purchase risk participations in the ordinary course obligations of business by a Borrower with the proceeds of such Fronting Bank under any such Tranche A AdvanceSeveral Letter of Credit in an amount equal to such Participating Bank’s Applicable Percentage of such obligations; provided, however, that after giving effect to any Credit Extension pursuant to this Section 2.01(a), (cA) the new Gaming Equipment that is to be acquired or that has been purchased by Borrowers must be for Gaming Equipment listed on Schedule 7.17 hereto and be otherwise acceptable to Agent in all respectsOutstanding Amount of Tranche A L/C Obligations shall not exceed the combined Tranche A Commitments, not be a fixture, and not be intended to be affixed to real property or to become installed in or affixed to other goods, and (dB) no Lender shall have any obligation to fund the Outstanding Amount of Tranche A L/C Obligations of any Tranche A Advance hereunder to Designated Subsidiary Borrower shall not exceed such Tranche A Designated Subsidiary Borrower’s Borrowing Base, (C) the extent that the making thereof would cause the then outstanding amount Outstanding Amount of Tranche A Advances to exceed the L/C Obligations of any Tranche A Commitment. All amounts outstanding under the Lender will not exceed such Lender’s Tranche A Commitment and (D) the total outstanding stated amount of Fronted Letters of Credit shall constitute Obligationsnot exceed the Fronted Letter of Credit Sublimit.

Tranche A Commitment. Subject Upon and subject to the terms and conditions hereof, (i) the Fronting Bank hereby agrees to issue Tranche A Letters of this Agreement, each Lender agrees (severally, not jointly or jointly Credit at the request of and severally) to make, for the account of Max Re from time to time prior to before the Availability Tranche A Commitment Termination Date, a series (ii) each Issuer hereby agrees to issue Letters of term loans Credit at the request of and for the account of Max Re from time to Borrowers (each, a "time before the Tranche A Advance" and collectively the "Commitment Termination Date in such Issuer’s Percentage of such aggregate stated amounts of Tranche A Advances"Letters of Credit as Max Re may from time to time request, (iii) each Lender hereby agrees to purchase Risk Participations in the obligations of the Fronting Bank under Tranche A Letters of Credit Issued by the Fronting Bank, and (iv) with respect to Letters of Credit Issued by the Issuers severally based on their respective Percentages, the Fronting Bank shall be severally (and not jointly) liable for an amount equal to its Percentage plus each Participating Bank’s Percentage and each Participating Bank hereby agrees to purchase Risk Participations in the obligations of the Fronting Bank under any such Tranche A Letter of Credit in an aggregate amount at equal to such Participating Bank’s Percentage; provided that no Issuer shall be obligated to issue (and no Participating Bank shall be obligated to participate in) any one time Tranche A Letter of Credit if as of the date of issuance of such Tranche A Letter of Credit (A) the Tranche A Obligations outstanding not to shall exceed the lesser of (x) the combined Tranche A Commitments and (y) the Tranche A Borrowing Base, (B) the Tranche A Obligations of any Lender would exceed such Lender's Pro Rata Share of the Tranche A Commitment. Each Tranche A Advance shall be made in accordance with such Lender's Pro Rata Share at such times and in such amounts as any Borrower may request in writing, shall be advanced directly to the applicable vendor or Borrower and once borrowed may be prepaid in whole or in part without penalty or premium at any time during the term of this Agreement upon 30 days prior written notice by such Borrower to Agent, all such prepaid amounts to be applied to the installments due on all of the Tranche A Advances in the inverse order of their maturity. Amounts borrowed and repaid may not be reborrowed. The foregoing to the contrary notwithstanding, (a) each requested Tranche A Advance shall be in a principal amount of not less than (i) $500,000, or (ii) such lesser amount as is the then unfunded balance of the ’s Tranche A Commitment, or (b) each Tranche A Advance shall be in an amount, as determined by Agent, not to exceed such Borrower's invoice cost (including shipping, freight, and installation) with respect to new Gaming Equipment that is to be purchased in the ordinary course of business by a Borrower with the proceeds of such Tranche A Advance, (cC) the new Gaming Equipment that is to be acquired or that has been purchased by Borrowers must be for Gaming Equipment listed on Schedule 7.17 hereto and be otherwise acceptable to Agent conditions in all respects, Section 2.3(b) are not be a fixture, and not be intended to be affixed to real property or to become installed in or affixed to other goods, and (d) no Lender shall have any obligation to fund any Tranche A Advance hereunder to the extent that the making thereof would cause the then outstanding amount of Tranche A Advances to exceed the Tranche A Commitment. All amounts outstanding under the Tranche A Commitment shall constitute Obligationsmet.

Tranche A Commitment. Subject Upon and subject to the terms and conditions hereof, (i) each Fronting Bank (subject to the definition thereof) hereby agrees to issue Tranche A Fronted Letters of this Agreement, Credit in Dollars or an Alternative Currency at the request of and for the account of each Lender agrees (severally, not jointly or jointly and severally) to make, Designated Subsidiary Borrower from time to time prior to during the Availability Termination Date, a series of term loans to Borrowers (each, a "Tranche A Advance" and collectively the "Tranche A Advances") in an aggregate amount at any one time outstanding not to exceed such Lender's Pro Rata Share of the Tranche A Commitment. Each Tranche A Advance shall be made in accordance with such Lender's Pro Rata Share at such times and in such amounts as any Borrower may request in writing, shall be advanced directly to the applicable vendor or Borrower and once borrowed may be prepaid in whole or in part without penalty or premium at any time during the term of this Agreement upon 30 days prior written notice by such Borrower to Agent, all such prepaid amounts to be applied to the installments due on all of the Tranche A Advances in the inverse order of their maturity. Amounts borrowed and repaid may not be reborrowed. The foregoing to the contrary notwithstandingPeriod, (a) each requested Tranche A Advance shall be in a principal amount of not less than (i) $500,000, or (ii) such lesser amount as is the then unfunded balance of the Tranche A Commitment, (b) each Tranche A Advance shall be Lender that is not a Participating Bank hereby agrees to issue Tranche A Several Letters of Credit in Dollars at the request of and for the account of each Designated Subsidiary Borrower from time to time during the Availability Period in such Lender’s Applicable Percentage of such aggregate stated amounts as such Designated Subsidiary Borrower may from time to time request, (iii) each Tranche A Lender hereby agrees to purchase risk participations in the obligations of the issuing Fronting Bank under Tranche A Fronted Letters of Credit in an amount, as determined by Agent, not to exceed amount equal of such Borrower's invoice cost (including shipping, freightTranche A Lender’s Applicable Percentage of such obligations, and installation(iv) with respect to new Gaming Equipment that is Tranche A Several Letters of Credit, the applicable Fronting Bank shall be severally (and not jointly) liable for an amount equal to be purchased its Applicable Percentage plus each Participating Bank’s Applicable Percentage of the amount of such Several Letter of Credit and each Participating Bank hereby agrees to purchase risk participations in the ordinary course obligations of business by a Borrower with the proceeds of such Fronting Bank under any such Tranche A AdvanceSeveral Letter of Credit in an amount equal to such Participating Bank’s Applicable Percentage of such obligations; provided, however, that after giving effect to any Credit Extension pursuant to this Section 2.01(a), (cA) the new Gaming Equipment that is to be acquired or that has been purchased by Borrowers must be for Gaming Equipment listed on Schedule 7.17 hereto and be otherwise acceptable to Agent in all respectsTranche A L/C Obligations outstanding shall not exceed the combined Tranche A Commitments, (B) the Tranche A L/C Obligations of any Designated Subsidiary Borrower shall not be a fixtureexceed such Designated Subsidiary Borrower’s Borrowing Base, and not be intended to be affixed to real property or to become installed in or affixed to other goods, and (dC) no Lender shall have any obligation to fund the Tranche A L/C Obligations of any Tranche A Advance hereunder to the extent that the making thereof would cause the then outstanding amount of Tranche A Advances to Lender will not exceed the Tranche A Commitment. All amounts outstanding under the such Lender’s Tranche A Commitment and (D) the total outstanding stated amount of Fronted Letters of Credit shall constitute Obligationsnot exceed the Fronted Letter of Credit Sublimit.