Common use of Tranche C Term Loans Clause in Contracts

Tranche C Term Loans. (i) During the Tranche C Term Loan Availability Period, the Administrative Borrower may request, by delivery of a Tranche C Term Loan Request from the Administrative Borrower to the Administrative Agent, to borrow a Tranche C Term Loan from the Lenders. Within ten (10) Business Days following the Administrative Agent’s receipt of a Tranche C Term Loan Request, the Administrative Agent shall provide written notice to the Administrative Borrower of whether or not the Lenders, (x) decline to provide the requested Tranche C Term Loan or (y) elect to provide the requested Tranche C Term Loan. If the Administrative Agent does not respond within five (5) Business Days of its receipt of a Tranche C Term Loan Request, the Lenders shall be deemed to have declined to provide such Tranche C Term Loan. (ii) There shall be no more than three Borrowings of Tranche C Term Loans. Each Tranche C Term Loan Request shall be in an amount of no less than $1,000,000, unless such amount is the remaining balance of the Tranche C Term Loan Maximum Amount. In no event shall any Tranche C Term Loan Request exceed the Tranche C Term Loan Maximum Amount available at such time. (iii) Subject to 3.03, all amounts owed hereunder with respect to a Tranche C Term Loan shall be paid in full no later than the Maturity Date. Any principal amount of the Funding Date Term Loan borrowed under Section 2.01(a) of the Original Credit Agreement and the Term Loans borrowed under Section 2.01(b) hereof and Section 2.01(c) hereof and subsequently repaid or prepaid may not be reborrowed.

Tranche C Term Loans. (i) During the Tranche C Term Loan Availability Period, the Administrative Borrower may request, by delivery of Each Lender with a Tranche C Term -------------------- Loan Request from Commitment severally agrees to lend to one or both Borrowers (on a joint and several basis) on the Administrative Borrower to the Administrative Agent, to borrow a Tranche C Term Loan from the Lenders. Within ten (10) Business Days following the Administrative Agent’s receipt of a Tranche C Term Loan Request, the Administrative Agent shall provide written notice to the Administrative Borrower of whether or not the Lenders, (x) decline to provide the requested Tranche C Term Loan or (y) elect to provide the requested Tranche C Term Loan. If the Administrative Agent does not respond within five (5) Business Days of its receipt of a Tranche C Term Loan Request, the Lenders shall be deemed to have declined to provide such Tranche C Term Loan. (ii) There shall be no more than three Borrowings of Tranche C Term Loans. Each Tranche C Term Loan Request shall be in Closing Date an amount not exceeding its Pro Rata Share of no less than $1,000,000, unless such the aggregate amount is the remaining balance of the Tranche C Term Loan Maximum Amount. In no event shall any -------- Commitments to be used for the purposes identified in subsection 2.5A. The amount of each Lender's Tranche C Term Loan Request exceed Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate amount ------------ of the Tranche C Term Loan Maximum Amount available at such time. (iii) Subject Commitments is $135,000,000; provided that the -------- Tranche C Term Loan Commitments of Lenders shall be adjusted to 3.03give effect to any assignments of the Tranche C Term Loan Commitments pursuant to subsection 10.1B. Each Lender's Tranche C Term Loan Commitment shall expire immediately and without further action on January 15, all amounts owed hereunder with respect to a 1999 if the Tranche C Term Loans are not made on or before that date. Each Borrower may make only one borrowing under the Tranche C Term Loan Commitments. The proceeds of each Tranche C Term Loan shall be paid in full no later than made available to Borrowers as directed by either of them (with the Maturity Date. Any principal amount of the Funding Date proceeds to be used by one or both Borrowers as they may determine), it being understood and agreed that Borrowers shall be jointly and severally obligated with respect to each Tranche C Term Loan for the repayment thereof and all amounts owing with respect thereto. Amounts borrowed under Section 2.01(athis subsection 2.1A(ii) of the Original Credit Agreement and the Term Loans borrowed under Section 2.01(b) hereof and Section 2.01(c) hereof and subsequently repaid or prepaid may not be reborrowed.

Tranche C Term Loans. (i) During Each Tranche C Term Loan Lender severally agrees, on the terms and conditions of this Agreement, to make a term loan to Borrower in Dollars on the Closing Date and on the Deferred Drawdown Date in an aggregate principal amount equal to the Tranche C Term Loan Availability PeriodCommitment of such Lender (of which not less than 20% shall be funded on the Closing Date and the remainder shall be funded on the Deferred Drawdown Date), such loan to be used to finance the Administrative Transactions and to pay related fees and expenses. Subject to the terms and conditions of this Agreement, thereafter Borrower may request, by delivery of a Convert Tranche C Term Loan Request from the Administrative Borrower to the Administrative Agent, to borrow a Loans of one Type into Tranche C Term Loan from the Lenders. Within ten Loans of another Type (10as provided in Section 2.09) Business Days following the Administrative Agent’s receipt of a or Continue Tranche C Term Loan Request, the Administrative Agent shall provide written notice to the Administrative Borrower Loans of whether or not the Lenders, (x) decline to provide the requested one Type as Tranche C Term Loan or Loans of the same Type (y) elect to provide the requested Tranche C Term Loan. If the Administrative Agent does not respond within five (5) Business Days of its receipt of a Tranche C Term Loan Request, the Lenders shall be deemed to have declined to provide such Tranche C Term Loan. (ii) There shall be no more than three Borrowings of Tranche C Term Loansas provided in Section 2.09). Each Tranche C Term Loan Request shall be in an made by a Tranche C Term Loan Lender pro rata based on such Lender's Tranche C Term Loan Commitment Percentage. The aggregate amount of no less than $1,000,000, unless such amount is the remaining balance of the Tranche C Term Loan Maximum Amount. In no event Loans made on the Closing Date and the Deferred Drawdown Date shall any Tranche C Term Loan Request not exceed the Tranche C Term Loan Maximum Amount available at such time. (iii) Subject to 3.03Commitments or, all amounts owed hereunder with respect to a any Lender, its Tranche C Term Loan shall be paid in full no later than the Maturity Date. Any principal amount of the Funding Date Term Loan borrowed under Section 2.01(a) of the Original Credit Agreement and the Term Loans borrowed under Section 2.01(b) hereof and Section 2.01(c) hereof and subsequently repaid or prepaid may not be reborrowedCommitment.

Tranche C Term Loans. Each Tranche C Term Lender severally agrees, on the terms and conditions set forth herein, to make loans in U.S. Dollars to Dura (each such loan, a "Tranche C Term Loan") on April 18, 2002 in an aggregate Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Tranche C Term Lender's name under the heading "Tranche C Term Loan" on Schedule 2.1 hereto; provided that (i) During after giving effect to the Borrowing of the Tranche C Term Loan Availability PeriodLoans, the Administrative Borrower may request, by delivery outstanding principal Dollar Equivalent amount of a all Tranche C Term Loan Request from the Administrative Borrower Loans shall not exceed U.S.$150,000,000; and (ii) after giving effect to the Administrative Agent, to borrow a Borrowing of the Tranche C Term Loan from the Lenders. Within ten (10) Business Days following the Administrative Agent’s receipt of a Tranche C Term Loan RequestLoans, the Administrative Agent shall provide written notice to the Administrative Borrower amount of whether or not the Lenders, (x) decline to provide the requested Tranche C Term Loan or (y) elect to provide the requested Tranche C Term Loan. If the Administrative Agent does not respond within five (5) Business Days of its receipt of a Tranche C Term Loan Request, the Lenders shall be deemed to have declined to provide such Tranche C Term Loan. (ii) There Lender's Tranche C Term Loans shall be no more than three Borrowings not exceed such Tranche C Term Lender's Pro Rata Share of all then outstanding Tranche C Term Loans. Each Amounts borrowed as Tranche C Term Loan Request shall be in an amount of no less than $1,000,000, unless such amount is the remaining balance of the Tranche C Term Loan Maximum Amount. In no event shall any Tranche C Term Loan Request exceed the Tranche C Term Loan Maximum Amount available at such time. (iii) Subject to 3.03, all amounts owed hereunder with respect to a Tranche C Term Loan shall be paid in full no later than the Maturity Date. Any principal amount of the Funding Date Term Loan borrowed under Section 2.01(a) of the Original Credit Agreement and the Term Loans borrowed under Section 2.01(b) hereof and Section 2.01(c) hereof and subsequently which are repaid or prepaid may not be reborrowed. The obligation of the Tranche C Term Lenders to make Tranche C Term Loans shall expire concurrently on the earlier of (A) April 30, 2002 and (B) the date on which Tranche C Term Loans are made hereunder. The proceeds of all Tranche C Term Loans shall be used to prepay Tranche B Term Loans.