Common use of U.S. Term Loan Clause in Contracts

U.S. Term Loan. Subject to the terms and conditions set forth herein, each U.S. Term Lender severally agrees to make a single loan to the Borrower (each such loan and each loan, if any, made under the Incremental U.S. Term Commitments, referred to individually as a “U.S. Term Loan” and, collectively, the “U.S. Term Loans”), in Dollars, on the Closing Date, in an aggregate amount equal to such U.S. Term Lender’s U.S. Term Commitment. In addition, in the event of the establishment of one or more Incremental U.S. Term Commitments as provided in Section 2.17, each Incremental U.S. Term Lender hereby severally agrees, on the terms and subject to the conditions of this Agreement, to make a single U.S. Term Loan to the Borrower on the effective date of the establishment of each such Incremental U.S. Term Commitment, in a principal amount equal to such Incremental U.S. Term Lender’s (i) increase to its U.S. Term Commitment or (ii) U.S. Term Commitment, as applicable. Each U.S. Term Borrowing shall consist of U.S. Term Loans made simultaneously by the U.S. Term Lenders. After giving effect to each U.S. Term Loan the Outstanding Amount of all U.S. Term Loans shall not exceed the U.S. Term Facility as then in effect. U.S. Term Borrowings prepaid or repaid, in whole or in part, may not be reborrowed. U.S. Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided, however, any U.S. Term Borrowing made on the Closing Date shall be made as Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter to the Administrative Agent not less than three (3) Business Days prior to the date of such U.S. Term Borrowing.

U.S. Term Loan. Subject Pursuant to the terms and conditions set forth hereinof the Existing Credit Agreement, on the Closing Date (as defined in the Existing Credit Agreement), each U.S. Term Lender severally agrees to make made a single loan to the Borrower (each such loan loans the “Existing U.S. Term Loans”; and together with each loan, if any, made under the Incremental U.S. Term Commitments, referred to individually as a “U.S. Term Loan” and, collectively, the “U.S. Term Loans”), in Dollars, on the Closing Date, in an aggregate amount equal to such U.S. Term Lender’s U.S. Term CommitmentCommitment (as defined in the Existing Credit Agreement). The principal amount of the Existing U.S. Term Loans made under the Existing Credit Agreement that remain outstanding as of the Closing Date shall constitute U.S. Term Loans hereunder. On and after the Closing Date, all Existing U.S. Term Loans made under the Existing Credit Agreement shall be deemed to be U.S. Term Loans made under this Agreement and shall be subject to all the terms and conditions hereof. In addition, in the event of the establishment of one or more Incremental U.S. Term Commitments as provided in Section 2.17, each Incremental U.S. Term Lender hereby severally agrees, on the terms and subject to the conditions of this Agreement, to make a single U.S. Term Loan to the Borrower on the effective date of the establishment of each such Incremental U.S. Term Commitment, in a principal amount equal to such Incremental U.S. Term Lender’s (i) increase to its U.S. Term Commitment or (ii) U.S. Term Commitment, as applicable. Each U.S. Term Borrowing shall consist of U.S. Term Loans made simultaneously by the U.S. Term Lenders. After giving effect to each U.S. Term Loan the Outstanding Amount of all U.S. Term Loans shall not exceed the U.S. Term Facility as then in effect. U.S. Term Borrowings prepaid or repaid, in whole or in part, may not be reborrowed. U.S. Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided, however, any U.S. Term Borrowing made on the Closing Date shall be made as Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter to the Administrative Agent not less than three (3) Business Days prior to the date of such U.S. Term Borrowing.