Common use of B Term Loans Clause in Contracts

B Term Loans. (a) Subject to the terms and conditions hereof and of the Agreement, each B Term Loan Lender severally agrees, on the B Term Closing Date (as defined below), to make a term loan (a "B Term Loan") in Dollars in the principal amount set forth under such B Term Lender's name in Schedule A opposite the heading "B Term Loan Commitment". The B Term Loans may from time to time be (i) Eurocurrency Loans, (ii) ABR Loans or (iii) a combination thereof, as determined by the Borrower and notified to the Administrative Agent in accordance with Section 2.9 or 4.4 of the Agreement (and any B Term Loan that is a Eurocurrency Loan shall be deemed a Eurocurrency Standby Loan for purposes of the Agreement), provided that no B Term Loan shall be made as a Eurocurrency Loan (i) after the day that is one month prior to the B Term Loan Maturity Date or (ii) prior to the date that is 15 days after the B Term Closing Date. Amounts paid on account of the B Term Loans pursuant to Section 2.9 of the Agreement may not be reborrowed. (b) The Borrower shall pay to each B Term Lender on the B Term Closing Date an amount representing original debt discount on each such Lender's B Term Loan (the "ODD Amount") equal to one percent (1%) of the principal amount of such B Term Loan. The obligation of each B Term Lender to make the Loan to the Borrower pursuant to the preceding paragraph (a) and the Borrower's obligation to pay the ODD Amount pursuant to this paragraph (b) shall be netted against each other, such that each such Lender shall pay to the Borrower the amount by which such Lender's B Term Loan exceeds the ODD Amount.

B Term Loans. (a) Subject to the terms The Borrower may, so long as no Event of Default shall have occurred and conditions hereof be continuing and provided that there shall have occurred a Successful New Senior Note Issuance, enter into an agreement with one or more Lenders which will establish in favor of the Agreement, each B Term Loan Lender severally agrees, on the B Term Closing Date (as defined below), to make Borrower a new term loan (facility under the Agreement having a "B Term Loan") in Dollars in term loan tranche" structure pursuant to which the final maturity of the term loans made thereunder will be no earlier than February 15, 2005 and the amortization of the principal of which will be at a rate of not more than 1% per year until the final maturity date thereof when the then remaining principal amount set forth thereof shall become due and payable. The loans under such B Term Lender's name in Schedule A opposite the heading facility will be defined as "B Term Loans", will constitute Loans for all purposes of the Loan CommitmentDocuments, will be entitled to the benefits of and secured by the Security Documents (the Administrative Agent being hereby authorized to execute any documents and instruments on behalf of the Lenders that may be necessary or appropriate to effect such entitlement and security), and the lenders thereof will be defined as the ". The B Term Loans may from time to time be (i) Eurocurrency Loans, (ii) ABR Loans or (iii) a combination thereof, as determined Lenders." Concurrently with the notification by the Borrower and notified to the Administrative Agent in accordance with Section 2.9 or 4.4 of the effectiveness of such facility the amendments to the Agreement (specified in Annex I to this Amendment shall automatically become effective, and any B Term Loan that is a Eurocurrency Loan the Administrative Agent will, promptly thereafter, notify the Lenders of such effectiveness. Such facility shall be deemed a Eurocurrency Standby Loan for purposes of established pursuant to the Agreement)agreement referred to above to be entered into among the Borrower, provided that no B Term Loan shall be made as a Eurocurrency Loan (i) after the day that is one month prior to Administrative Agent and the B Term Loan Maturity Date Lenders and shall not require the execution by or (ii) prior to consent of any other Lender. Such agreement shall set forth the date that is 15 days after Applicable Margin for the B Term Closing Date. Amounts paid on account Loans, the amortization schedule and final maturity date to be applicable thereto, the amount and date of the B Term Loans pursuant to Section 2.9 of the Agreement may not be reborrowed. (b) The Borrower shall pay to made by each B Term Lender on and any conditions to the B Term Closing Date an amount representing original debt discount on each such Lender's B Term Loan (the "ODD Amount") equal to one percent (1%) of the principal amount making of such B Term LoanLoans. The obligation Net Cash Proceeds of each the B Term Lender to make the Loan Loans shall be applied, notwithstanding any provision of subsection 4.3 to the Borrower contrary, first, to payment of the Term Loans then outstanding, and second (to the extent that there are no Term Loans then outstanding), to permanent reduction of the Revolving Credit Commitments then in effect. Prepayments of the Term Loans pursuant to the preceding paragraph (a) sentence shall be applied to the respective installments of principal thereof in the direct order of their stated maturity. Notwithstanding the foregoing, in the event Term Loans denominated in Deutschemarks or euro units are outstanding at the time of such prepayment, mandatory prepayments shall be applied first to prepay outstanding Term Loans denominated in Dollars and the Borrower's obligation then to pay the ODD Amount pursuant to this paragraph (b) shall be netted against each other, such that each such Lender shall pay to the Borrower the amount by which such Lender's B non-Dollar-denominated Term Loan exceeds the ODD AmountLoans.