Common use of Commitments; Termination; Agreements Clause in Contracts

Commitments; Termination; Agreements. (a) On and as of the Restatement Date, the Commitment of each Revolving Credit Lender and each Term Lender shall be as set forth on Schedule 2.01 to the Restated Credit Agreement. (b) Subject to the terms and conditions set forth in the Restated Credit Agreement, each Term Lender agrees, severally and not jointly, to make a Term Loan to the Borrowers on the Restatement Date in a principal amount not to exceed its Term Loan Commitment. (c) On the Restatement Date, the Borrowers shall repay all Existing Term Loans, together with accrued interest thereon, with a portion of the proceeds of the Term Loans (the "Term Loan Repayment"). Upon the Borrowers' making of the Term Loan Repayment, each of the Term Lenders (as defined in the Existing Credit Agreement, the "Existing Term Lenders"), other than those lenders that are Term Lenders, shall cease to be a party to the Existing Credit Agreement and shall be released from all further obligations thereunder and shall have no further rights to or interest in any of the Collateral; provided, however, that each Existing Term Lender shall continue to be entitled to the benefits of Sections 2.14, 2.16, 2.20 and 9.05 of the Existing Credit Agreement as in effect immediately prior to the Restatement Date. (d) On the Restatement Date, upon the effectiveness of the Restated Credit Agreement, (i) each Revolving Loan outstanding under the Existing Credit Agreement shall be deemed to be a Revolving Loan under the Restated Credit Agreement and (ii) each Swingline Loan outstanding under the Existing Credit Agreement shall be deemed to be a Swingline Loan under the Restated Credit Agreement, and the amount of the unused Revolving Credit Commitments shall be adjusted accordingly. In order to facilitate the assignments provided for in Section 1 hereof, the Borrowers shall ensure that, on the Restatement Date, all outstanding Revolving Loans under the Existing Credit Agreement shall be maintained as ABR Revolving Loans thereunder.

Commitments; Termination; Agreements. (a) On and as of the Restatement Date, the Commitment of each Revolving Credit Lender and each Term Lender shall be as set forth on Schedule 2.01 to the Restated Credit Agreement. (ba) Subject to the terms and conditions set forth in the Restated Credit Agreement, each Term Lender agrees, severally and not jointly, to make a Term Loan to the Borrowers Borrower on the Restatement Date in a principal amount not to exceed its Term Loan Commitment. (cb) On the Restatement Date, the Borrowers Borrower shall repay all Existing Term Loans, together with accrued interest thereon, with a portion of use the proceeds of the Term Loans (together with cash on hand and the "net proceeds of the issuance of the Additional Subordinated Notes) to repay all Term Loans outstanding under the Existing Credit Agreement, together with accrued interest thereon (the “Term Loan Repayment"”). Upon On the Borrowers' making Restatement Date, each holder of Term Loans outstanding under the Existing Credit Agreement (the “Existing Term Lenders”), to the extent of the Term Loan Repayment, each of the Term Lenders (as defined in the Existing Credit Agreement, the "Existing Term Lenders"), other than those lenders that are Term Lenders, shall cease to be a party to the Existing Credit Agreement and shall be released from all further obligations thereunder and shall have no further rights to or interest in any of the Collateral; provided, however, that each Existing Term Lender shall continue to be entitled to the benefits of Sections 2.14, 2.16, 2.20 and 9.05 of the Existing Credit Agreement as in effect immediately prior to the Restatement Date. (dc) On the Restatement Date, upon the effectiveness of the Restated Credit Agreement, (i) each Revolving Loan outstanding under the Existing Credit Agreement shall be deemed to be a Revolving Loan under the Restated Credit Agreement and Agreement, (ii) each Swingline Loan outstanding under the Existing Credit Agreement shall be deemed to be a Swingline Loan under the Restated Credit Agreement, and the amount (iii) each Letter of the unused Revolving Credit Commitments shall be adjusted accordingly. In order to facilitate the assignments provided for in Section 1 hereof, the Borrowers shall ensure that, on the Restatement Date, all outstanding Revolving Loans under the Existing Credit Agreement shall be maintained as ABR Revolving Loans thereunderdeemed to be a Letter of Credit under the Restated Credit Agreement.

Commitments; Termination; Agreements. (a) On and as of the Restatement Date, the Commitment of each Revolving Credit Lender and each Term Lender shall be as set forth on Schedule 2.01 to the Restated Credit Agreement. (b) Subject to the terms and conditions set forth in the Restated Credit Agreement, each Term Lender agrees, severally and not jointly, to make a Term Loan to the Borrowers Borrower on the Restatement Date in a principal amount not to exceed its Term Loan Commitment. (c) On the Restatement Date, the Borrowers Borrower shall repay all Existing Term Loans, together with accrued interest thereon, with a portion of use the proceeds of the Term Loans (together with cash on hand) to repay all Term Loans outstanding under the "Existing Credit Agreement, together with accrued interest thereon (the “Term Loan Repayment"”). Upon On the Borrowers' making Restatement Date, each holder of Term Loans outstanding under the Existing Credit Agreement (the “Existing Term Lenders”), to the extent of the Term Loan Repayment, each of the Term Lenders (as defined in the Existing Credit Agreement, the "Existing Term Lenders"), other than those lenders that are Term Lenders, shall cease to be a party to the Existing Credit Agreement and shall be released from all further obligations thereunder and shall have no further rights to or interest in any of the Collateral; provided, however, that each Existing Term Lender shall continue to be entitled to the benefits of Sections 2.14, 2.16, 2.20 and 9.05 of the Existing Credit Agreement as in effect immediately prior to the Restatement Date. (d) On the Restatement Date, upon the effectiveness of the Restated Credit Agreement, (i) each Revolving Loan outstanding under the Existing Credit Agreement shall be deemed to be a Revolving Loan under the Restated Credit Agreement and Agreement, (ii) each Swingline Loan outstanding under the Existing Credit Agreement shall be deemed to be a Swingline Loan under the Restated Credit Agreement, and the amount (iii) each Letter of the unused Revolving Credit Commitments shall be adjusted accordingly. In order to facilitate the assignments provided for in Section 1 hereof, the Borrowers shall ensure that, on the Restatement Date, all outstanding Revolving Loans under the Existing Credit Agreement shall be maintained as ABR Revolving Loans thereunderdeemed to be a Letter of Credit under the Restated Credit Agreement.

Commitments; Termination; Agreements. (a) On and as of the Restatement Date, the Commitment of each Revolving Credit Lender, each Term Lender, each UF Lender and each Term PF Lender shall be as set forth on Schedule 2.01 to the Restated Credit Agreement. (b) Subject to the terms and conditions set forth in the Restated Credit Agreement, (i) each Term Lender agrees, severally and not jointly, to make a Term Loan to the Borrowers Borrower on the Restatement Date in a principal amount not to exceed its Term Loan CommitmentCommitment and (ii) each PF Lender agrees, severally and not jointly, to deposit its PF Pro Rata Percentage of the aggregate PF L/C Commitment with the Administrative Agent for deposit in the Credit-Linked Deposit Account. (c) On the Restatement Date, the Borrowers Borrower shall repay all Existing Term Loans, together with accrued interest thereon, with a portion of the proceeds of the Term Loans (the "“Term Loan Repayment"”). Upon On the Borrowers' making Restatement Date, each holder of Existing Term Loans (the “Existing Term Lenders”), to the extent of the Term Loan Repayment, each of the Term Lenders (as defined in the Existing Credit Agreement, the "Existing Term Lenders"), other than those lenders that are Term Lenders, shall cease to be a party to the Existing Credit Agreement and shall be released from all further obligations thereunder and shall have no further rights to or interest in any of the Collateral; provided, however, that each Existing Term Lender shall continue to be entitled to the benefits of Sections 2.14, 2.16, 2.20 and 9.05 of the Existing Credit Agreement as in effect immediately prior to the Restatement Date. (d) On the Restatement Date, upon the effectiveness of the Restated Credit Agreement, (i) each Revolving Loan outstanding under the Existing Credit Agreement shall be deemed to be a Revolving Loan under the Restated Credit Agreement and Agreement, (ii) each Swingline Loan outstanding under the Existing Credit Agreement shall be deemed to be a Swingline Loan under the Restated Credit Agreement, Agreement and the amount (iii) each Letter of the unused Revolving Credit Commitments shall be adjusted accordingly. In order to facilitate the assignments provided for in Section 1 hereof, the Borrowers shall ensure that, on the Restatement Date, all outstanding Revolving Loans under the Existing Credit Agreement shall be maintained deemed to be a UF Letter of Credit or a PF Letter of Credit under the Restated Credit Agreement, in each case as ABR Revolving Loans thereunderset forth on Schedule 1.01(a) to the Restated Credit Agreement.