Common use of Delayed Draw Term Loans Clause in Contracts

Delayed Draw Term Loans. Subject to the terms and conditions of this Agreement, including Section 2.2, and in reliance upon the representations and warranties of the Borrowers contained herein, each Term Lender agrees (severally, not jointly or jointly and severally) to make additional Term Loans (the “Delayed Draw Term Loans” and such loans comprising the “DDTL Facility”) during the DDTL Availability Period to Borrowers, in an aggregate principal amount not to exceed the amount of such Term Lender’s then outstanding Delayed Draw Term Loan Commitment; provided, that after giving effect to the making of such Delayed Draw Term Loan, in no event shall the aggregate Term Loans outstanding exceed the Borrowing Base then in effect. Each Term Lender’s Delayed Draw Term Loan Commitment shall be permanently reduced immediately and without further action upon the making of the Delayed Draw Term Loan in an amount equal to the amount of such Term Lender’s Pro Rata Percentage of such Delayed Draw Term Loan. Any principal amount of the Delayed Draw Term Loan which is repaid or prepaid may not be reborrowed.

Delayed Draw Term Loans. (a) Subject to the terms and conditions of this Agreement, Agreement including Section 2.2, Sections 3.2 and in reliance upon the representations and warranties of the Borrowers contained herein3.3, each Term Lender agrees (severally, not jointly or jointly and severally) with a First Delayed Draw Term Loan Commitment agrees to make additional Term Loans (the “First Delayed Draw Term LoansLoan” and such loans comprising the “DDTL First Delayed Draw Term Loan Facility”) during the First DDTL Availability Period to BorrowersBorrower, in an aggregate principal amount not to exceed the amount of such Term LenderL▇▇▇▇▇’s then outstanding First Delayed Draw Term Loan Commitment; provided, that after giving effect to the making of such First Delayed Draw Term Loan, in no event shall the aggregate Term Loans outstanding exceed the DDTL Borrowing Base then in effect. Each Term Lender’s First Delayed Draw Term Loan Commitment shall be permanently reduced immediately and without further action upon the making of the First Delayed Draw Term Loan in an amount equal to the amount of such Term LenderL▇▇▇▇▇’s Pro Rata Percentage Share of such Delayed Draw Term Loan. Any principal amount of the First Delayed Draw Term Loan which is repaid or prepaid may not be reborrowed.

Delayed Draw Term Loans. Subject to the terms and conditions of this Agreement, including Section 2.2, Agreement and in reliance upon the representations and warranties of the Borrowers Credit Parties contained herein, each Lender with a Delayed Draw Term Lender agrees (Loan Commitment, severally, and not jointly or jointly and severally) jointly, agrees to make additional Delayed Draw Term Loans to the Borrowers (the each such loan, a “Delayed Draw Term Loans” and such loans comprising the “DDTL FacilityLoan”) during the DDTL Delayed Draw Availability Period to BorrowersPeriod, in an aggregate principal amount not to exceed the amount of such Term Lender’s then outstanding its Delayed Draw Term Loan Commitment; provided. Once funded, that after giving effect to the making of such Delayed Draw Term LoanLoans shall be added to the then outstanding principal amount of, in no event and shall become part of, the aggregate Term Loans outstanding exceed the Borrowing Base then in effect. Each Term Lender’s Delayed Draw Term Loan Commitment shall be permanently reduced immediately for all purposes of this Agreement including accrual of interest and without further action upon determining the making Term Loan Amortization Percentage on each Interest Payment Date following such funding. Amounts paid or prepaid in respect of the Delayed Draw Term Loan in an amount equal to the amount of such Term Lender’s Pro Rata Percentage of such Delayed Draw Term Loan. Any principal amount of the Delayed Draw Term Loan which is repaid or prepaid Loans may not be reborrowed. (d) Each Fourth Amendment Term Loan and Delayed Draw Term Loan shall for all purposes constitute “Term Loans”, “Loans” and “Obligations” incurred under this Agreement.

Delayed Draw Term Loans. Subject to the terms and conditions of this Agreement, including Section 2.2, Agreement and in reliance upon the representations and warranties of the Borrowers Credit Parties contained herein, each Lender with a Delayed Draw Term Lender Loan Commitment, severally and not jointly, agrees (severally, not jointly or jointly and severally) to make additional Delayed Draw Term Loans to the Borrowers (the each such loan, a “Delayed Draw Term Loans” and such loans comprising the “DDTL FacilityLoan”) during the DDTL Delayed Draw Availability Period to BorrowersPeriod, in an aggregate principal amount not to exceed the amount of such Term Lender’s then outstanding its Delayed Draw Term Loan Commitment; provided. On the Fifth Amendment Effective Date, that after giving effect to the making of such Delayed Draw Term Loan, in no event shall the aggregate Term Loans outstanding exceed the Borrowing Base then in effect. Each Term Lender’s Delayed Draw Term Loan Commitment is hereby increased by the Fifth Amendment Delayed Draw Term Loan Commitment Increase Amount. Once funded, Delayed Draw Term Loans shall be permanently reduced immediately added to the then outstanding principal amount of, and without further action upon shall become part of, the making Term Loan for all purposes of this Agreement including accrual of interest and determining the Term Loan Amortization Percentage on each Interest Payment Date following such funding. Amounts paid or prepaid in respect of the Delayed Draw Term Loan in an amount equal to the amount of such Term Lender’s Pro Rata Percentage of such Delayed Draw Term Loan. Any principal amount of the Delayed Draw Term Loan which is repaid or prepaid Loans may not be reborrowed.