Common use of Acquisition Facility Commitment Clause in Contracts

Acquisition Facility Commitment. Subject to the terms and conditions set forth herein, (A) the L/C Issuer agrees, in reliance upon the Acquisition Facility Commitments and the agreements of the Lenders set forth in this Section 2.03, (1) on any Business Day during the Acquisition Facility Letter of Credit Availability Period, to issue the Acquisition Facility Letter of Credit denominated in Dollars or in Euros for the account of the Company, and to amend or extend such Acquisition Facility Letter of Credit, in accordance with subsection (b) below, and (2) to honor drawings under the Acquisition Facility Letter of Credit; and (B) the Lenders severally agree to participate in the Acquisition Facility Letter of Credit and any drawings thereunder; provided that after giving effect to any L/C Credit Extension with respect to the Acquisition Facility Letter of Credit, (x) the Total Acquisition Facility Outstandings shall not exceed the Aggregate Acquisition Facility Commitments and (y) the aggregate Outstanding Amount of any Acquisition Facility Loan of any Lender, plus such Lender's Applicable Percentage of the Outstanding Amount of the Acquisition Facility Letter of Credit shall not exceed such Lender's Acquisition Facility Commitment. The request by the Company for the issuance or amendment of the Acquisition Facility Letter of Credit shall be deemed to be a representation by the Company that such L/C Credit Extension so requested complies (or such conditions have been waived) with the conditions set forth in the proviso to the preceding sentence. The Company's ability to obtain the Acquisition Facility Letter of Credit shall not be revolving, and accordingly the Company may not obtain Letters of Credit to replace the Acquisition Facility Letter of Credit if such Acquisition Facility Letter of Credit shall have expired or shall have been drawn upon and reimbursed.

Acquisition Facility Commitment. Subject to the terms and conditions set forth herein, the Lender agrees to make term loans (Aeach such term loan, an “Acquisition Loan”) to the L/C Issuer agreesBorrower from time to time, in reliance upon the Acquisition Facility Commitments and the agreements of the Lenders set forth in this Section 2.03, (1) on any Business Day during the Acquisition Facility Letter of Credit Availability Period, to issue Period for the Acquisition Facility Letter of Credit denominated Commitment, in Dollars or in Euros for an aggregate amount not to exceed at any time outstanding the account amount of the Company, and to amend or extend such Lender’s Acquisition Facility Letter of CreditCommitment; provided, in accordance with subsection (b) belowhowever, and (2) to honor drawings under the Acquisition Facility Letter of Credit; and (B) the Lenders severally agree to participate in the Acquisition Facility Letter of Credit and any drawings thereunder; provided that after giving effect to any L/C Credit Extension with respect to Acquisition Loan, the aggregate outstanding principal amount of all Acquisition Facility Letter of Credit, (x) the Total Acquisition Facility Outstandings Loans shall not exceed the Aggregate Acquisition Facility Commitments and (y) Commitment. Within the aggregate Outstanding Amount of any Acquisition Facility Loan of any Lender, plus such Lender's Applicable Percentage of the Outstanding Amount limits of the Acquisition Facility Letter Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.03, and reborrow under this Section 2.01(b). The Borrower’s obligation to pay the principal of, and interest on, the Acquisition Loans shall be evidenced by the records of Credit the Lender and by the Acquisition Notes; provided, however, that the aggregate amount of Acquisition Loans made by the Lender with respect to any Investment in any Eligible Portfolio Company shall not exceed such Lender's be evidenced by a single Acquisition Note, and the Borrower shall execute an additional Acquisition Note for each Investment in an Eligible Portfolio Company financed under the Acquisition Facility Commitment. The request by entries made in such records shall be prima facie evidence of the Company for existence and amounts of the issuance obligations of the Borrower therein recorded; provided, that the failure or amendment delay of the Lender in maintaining or making entries into any such record or any error therein shall not in any manner affect the obligation of the Borrower to repay the Acquisition Loans (both principal and unpaid accrued interest) in accordance with the terms of this Agreement. To the extent that, on the last day of the Availability Period, there remains any amount available under the Acquisition Facility Letter of Credit shall be deemed to be a representation by the Company that such L/C Credit Extension so requested complies (or such conditions have been waived) with the conditions set forth in the proviso to the preceding sentence. The Company's ability to obtain Commitment, the Acquisition Facility Letter of Credit Commitment shall not be revolvingterminate on such date, and accordingly the Company may not obtain Letters of Credit Lender shall no longer be obligated to replace make Acquisition Loans to the Acquisition Facility Letter of Credit if such Acquisition Facility Letter of Credit shall have expired or shall have been drawn upon and reimbursedBorrower thereafter.