Common use of Effectiveness of the Closing Date Borrower Assumption Clause in Contracts

Effectiveness of the Closing Date Borrower Assumption. (a) Effective upon the consummation of the Acquisition and the Target Merger, the Target hereby assign all rights and obligations (including the Obligations) of Merger Sub and the Target under this Agreement and the Fee Letter to the Company, effective upon the consummation of the Acquisition, and the Company hereby assumes all the rights and obligations (including the Obligations) of the Target under this Agreement and the Fee Letter and agrees that thereafter it shall be the “Borrower” under, and for all purposes of, this Agreement, the Fee Letter and the other Loan Documents and neither Merger Sub nor the Target shall continue to be the “Borrower” under this Agreement, the Fee Letter or the other Loan Documents (collectively, the “Closing Date Borrower Assumption”). From and after the Closing Date Borrower Assumption, the Target is hereby released from all the Obligations of the “Borrower” under this Agreement, the Fee Letter and the other Loan Documents.

Effectiveness of the Closing Date Borrower Assumption. (a) Effective upon the consummation of the Acquisition and the Target Merger, the Target hereby assign all rights and obligations (including the Obligations) of Merger Sub and the Target under this Agreement and the Fee Letter to the Company, effective upon the consummation of the Acquisition, and the Company hereby assumes all the rights and obligations (including the Obligations) of the Target under this Agreement and the Fee Letter and agrees that thereafter it shall be the “Borrower” under, and for all purposes of, this Agreement, the Fee Letter and the other Loan Documents and neither Merger Sub nor the Target shall continue to be the “Borrower” under this Agreement, the Fee Letter or the other Loan Documents (collectively, the “Closing Date Borrower Assumption”). From and after the Closing Date Borrower Assumption, the Target is hereby released from all the Obligations of the “Borrower” under this Agreement, the Fee Letter and the other Loan Documents.. 213

Effectiveness of the Closing Date Borrower Assumption. (a) Effective upon the consummation of the Acquisition and the Target Merger, the Target hereby assign all rights and obligations (including the Obligations) of Merger Sub and the Target under this Agreement and the Fee Letter to the Company, effective upon the consummation of the Acquisition, and the Company hereby assumes all the rights and obligations (including the Obligations) of the Target under this Agreement and the Fee Letter and agrees that thereafter it shall be the “Borrower” under, and for all purposes of, this Agreement, the Fee Letter and the other Loan Documents and neither Merger Sub nor the Target shall continue to be the “Borrower” under this Agreement, the Fee Letter or the other Loan Documents (collectively, the “Closing Date Borrower Assumption”). From and after the Closing Date Borrower Assumption, the Target is hereby released from all the Obligations of the “Borrower” under this Agreement, the Fee Letter and the other Loan Documents.. 216

Effectiveness of the Closing Date Borrower Assumption. (a) Effective upon the consummation of the Acquisition and the Target Merger, the Target hereby assign all rights and obligations (including the Obligations) of Merger Sub and the Target under this Agreement and the Fee Letter to the Company, effective upon the consummation of the Acquisition, and the Company hereby assumes all the rights and obligations (including the Obligations) of the Target under this Agreement and the Fee Letter and agrees that thereafter it shall be the “Borrower” under, and for all purposes of, this Agreement, the Fee Letter and the other Loan Documents and neither Merger Sub nor the Target shall continue to be the “Borrower” under this Agreement, the Fee Letter or the other Loan Documents (collectively, the “Closing Date Borrower Assumption”). From and after the Closing Date Borrower Assumption, the Target is hereby released from all the Obligations of the “Borrower” under this Agreement, the Fee Letter and the other Loan Documents.. 219

Effectiveness of the Closing Date Borrower Assumption. (a) Effective upon the consummation of the Acquisition and the Target Merger, the Target hereby assign all rights and obligations (including the Obligations) of Merger Sub and the Target under this Agreement and the Fee Letter to the Company, effective upon the consummation of the Acquisition, and the Company hereby assumes all the rights and obligations (including the Obligations) of the Target under this Agreement and the Fee Letter and agrees that thereafter it shall be the “Borrower” under, and for all purposes of, this Agreement, the Fee Letter and the other Loan Documents and neither Merger Sub nor the Target shall continue to be the “Borrower” under this Agreement, the Fee Letter or the other Loan Documents (collectively, the “Closing Date Borrower Assumption”). From and after the Closing Date Borrower Assumption, the Target is hereby released from all the Obligations of the “Borrower” under this Agreement, the Fee Letter and the other Loan Documents.. 211

Effectiveness of the Closing Date Borrower Assumption. (a) Effective upon the consummation of the Acquisition and the Target Merger, the Target hereby assign all rights and obligations (including the Obligations) of Merger Sub and the Target under this Agreement and the Fee Letter to the Company, effective upon the consummation of the Acquisition, and the Company hereby assumes all the rights and obligations (including the Obligations) of the Target under this Agreement and the Fee Letter and agrees that thereafter it shall be the “Borrower” under, and for all purposes of, this Agreement, the Fee Letter and the other Loan Documents and neither Merger Sub nor the Target shall continue to be the “Borrower” under this Agreement, the Fee Letter or the other Loan Documents (collectively, the “Closing Date Borrower Assumption”). From and after the Closing Date Borrower Assumption, the Target is hereby released from all the Obligations of the “Borrower” under this Agreement, the Fee Letter and the other Loan Documents.. 208