Common use of Loans and Commitments Clause in Contracts

Loans and Commitments. (a) Subject to the terms and conditions set forth herein (including Sections 4.01 and 4.02), and relying upon the representations and warranties set forth herein, each Lender with a Refinanced Commitment shall be deemed, on the Effective Date, to have made a loan to the Borrower (each such loan, a “Refinanced Loan”) in an aggregate amount equal to such Lender’s Refinanced Commitment. The Administrative Agent, the Lenders and the Credit Parties each acknowledges and agrees that the Refinanced Loans shall be deemed funded on the Effective Date without any actual funding and the Refinanced Commitment of each Lender shall terminate immediately and automatically after the deemed making of the Refinanced Loan. The Borrower acknowledges and agrees that the full proceeds of the Refinanced Loans have been disbursed by the Lenders to the Borrower. The Refinanced Loans shall initially be made as Eurodollar Loans with an Interest Period of three months. Once repaid, the Refinanced Loans may not be reborrowed, and any Refinanced Commitment, once terminated, may not be reinstated. (b) Subject to the terms and conditions set forth herein (including Sections 4.01 and 4.02), and relying upon the representations and warranties set forth herein, each Lender with a New Money Commitment agrees, severally and not jointly, to make loans to the Borrower (each such loan, a “New Money Loan”) in Dollars on any Business Day on or following the Effective Date and during the Availability Period in an aggregate amount not to exceed its New Money Commitment at such time; provided that the aggregate amount of each such Borrowing shall not be less than $500,000 (or, if less, the aggregate amount of the remaining New Money Commitments), and, in any event, in an aggregate amount for each such Borrowing not to exceed the aggregate New Money Commitments at such time. The amount of each Lender’s New Money Loan as part of any such Borrowing shall equal its pro rata share of such Borrowing. (c) Proceeds of the New Money Loans shall be used and distributed by the Borrower solely as permitted herein. Once borrowed or repaid, the New Money Loans may not be reborrowed, and any New Money Commitment, once terminated or reduced, may not be reinstated. The aggregate amount of the New Money Commitments shall be reduced by the amount of each Borrowing of New Money Loans made hereunder immediately upon the funding thereof, and the amount of each Lender’s applicable New Money Commitment shall be automatically and permanently reduced by the amount of the related New Money Loan funded by such Lender pursuant to Section 2.02(b) immediately upon the funding thereof.

Loans and Commitments. (a) Subject to the terms and conditions set forth herein (including Sections 4.01 and 4.02), and relying upon the representations and warranties set forth herein, each Term Lender with a Refinanced Commitment shall be deemed, listed on Schedule 1.1A hereto made (a) term loans (the “Closing Date Loans”) on the Effective Date, to have made a loan Closing Date in the full amount of such Lender’s Closing Date Commitment to the Borrower and (each such loanb) term loans (the “Delayed Draw Loans”; together with the Closing Date Loans, a the “Refinanced LoanTerm Loans”) on one occasion during the Delayed Draw Availability Period in an aggregate amount equal to not exceeding such Lender’s Refinanced Commitment. The Administrative Agent, the Lenders and the Credit Parties each acknowledges and agrees that the Refinanced Loans shall be deemed funded on the Effective Date without any actual funding and the Refinanced Delayed Draw Commitment of each Lender shall terminate immediately and automatically after the deemed making of the Refinanced Loan. The Borrower acknowledges and agrees that the full proceeds of the Refinanced Loans have been disbursed by the Lenders to the Borrower. The Refinanced aggregate principal amount of the Term Loans shall initially outstanding on the Restatement Date is $375,000,000. The Term Loans may from time to time be made as Eurodollar Loans or ABR Loans, as determined by the Borrower and notified to the Administrative Agent in accordance with an Interest Period of three months. Once repaid, the Refinanced Loans may not be reborrowed, and any Refinanced Commitment, once terminated, may not be reinstatedSection 2.10. (b) Subject to the terms and conditions set forth herein (including Sections 4.01 and 4.02), and relying upon the representations and warranties set forth herein, each Revolving Lender with a New Money Commitment agrees, severally and not jointly, agrees to make revolving credit loans (“Revolving Loans”) to the Borrower (each such loan, a “New Money Loan”) in Dollars on any Business Day on or following the Effective Date and from time to time during the Availability Revolving Commitment Period in an aggregate principal amount at any one time outstanding which, when added to such Lender’s Revolving Percentage of the L/C Obligations then outstanding, does not to exceed its New Money Commitment at such time; provided that the aggregate amount of each such Borrowing shall not be less than $500,000 (orLender’s Revolving Commitment. During the Revolving Commitment Period the Borrower may use the Revolving Commitments by borrowing, if lessprepaying the Revolving Loans in whole or in part, and reborrowing, all in accordance with the aggregate amount of the remaining New Money Commitments), and, in any event, in an aggregate amount for each such Borrowing not to exceed the aggregate New Money Commitments at such timeterms and conditions hereof. The amount of each Lender’s New Money Loan Revolving Loans may from time to time be Eurodollar Loans or ABR Loans, as part of any such Borrowing shall equal its pro rata share of such Borrowing. (c) Proceeds of the New Money Loans shall be used and distributed determined by the Borrower solely as permitted herein. Once borrowed or repaid, and notified to the New Money Loans may not be reborrowed, Administrative Agent in accordance with Sections 2.2 and any New Money Commitment, once terminated or reduced, may not be reinstated. The aggregate amount of the New Money Commitments shall be reduced by the amount of each Borrowing of New Money Loans made hereunder immediately upon the funding thereof, and the amount of each Lender’s applicable New Money Commitment shall be automatically and permanently reduced by the amount of the related New Money Loan funded by such Lender pursuant to Section 2.02(b) immediately upon the funding thereof2.10.

Loans and Commitments. (a) Subject to the terms and conditions set forth herein (including Sections 4.01 and 4.02), and relying upon the representations and warranties set forth hereinhereof, each Lender with a Refinanced Commitment severally agrees to make Loans to Borrower from time to time during the Loan Availability Period, not to exceed at any time outstanding such Lender's Percentage of the Available Commitment, Borrower having the right to borrow, repay and reborrow. Each Request for Credit by Borrower shall be deemed, on the Effective Date, to have made deemed a loan to the Borrower (request for a Loan from each such loan, a “Refinanced Loan”) in an aggregate amount Lender equal to such Lender’s Refinanced 's Percentage of the aggregate amount so requested, and such aggregate amount shall be equal to the lesser of (1) an integral multiple of $1,000,000 and (2) the unused portion of the Available Commitment. The Administrative Agent, Each repayment of the Lenders and the Credit Parties each acknowledges and agrees that the Refinanced Loans shall be deemed funded on the Effective Date without any actual funding and the Refinanced Commitment a repayment of each Lender shall terminate immediately and automatically after the deemed making Lender's Loans equal to such Lender's Percentage of the Refinanced Loan. The Borrower acknowledges and agrees that the full proceeds of the Refinanced Loans have been disbursed by the Lenders to the Borrower. The Refinanced Loans shall initially be made as Eurodollar Loans with an Interest Period of three months. Once repaid, the Refinanced Loans may not be reborrowed, and any Refinanced Commitment, once terminated, may not be reinstated. (b) Subject to the terms and conditions set forth herein (including Sections 4.01 and 4.02), and relying upon the representations and warranties set forth herein, each Lender with a New Money Commitment agrees, severally and not jointly, to make loans to the Borrower (each such loan, a “New Money Loan”) in Dollars on any Business Day on or following the Effective Date and during the Availability Period in an aggregate amount not to exceed its New Money Commitment at such time; provided that the aggregate amount of each such Borrowing shall not be less than $500,000 (orso repaid, if less, and the aggregate amount so repaid shall be equal to the lesser of (i) an integral multiple of $1,000,000 and (ii) the aggregate unpaid principal balance of the remaining New Money Commitments), and, in any event, in an aggregate amount for each such Borrowing not to exceed the aggregate New Money Commitments at such timeNotes. The amount obligations of each Lender’s New Money the Lenders hereunder are several and not joint, and the preceding two sentences will give rise to certain inappropriate results if special provisions are not made to accommodate the failure of a Lender to fund a Loan as part of and when required by this Agreement; therefore, notwithstanding anything herein to the contrary, (I) no Lender shall be required to make Loans at any such Borrowing shall equal its pro rata share one time outstanding in excess of such Borrowing. (c) Proceeds Lender's Percentage of the New Money Available Commitment or of the requested Loan and (II) if a Lender fails to make a Loan as and when required hereunder and Borrower subsequently makes a repayment on the Loans, such repayment shall be split among the non-defaulting Lenders ratably in accordance with their respective Percentages until each Lender has its Percentage of all of the outstanding Loans, and the balance of such repayment shall be divided among all of Lenders in accordance with their respective Percentages. The Loans shall be used and distributed evidenced by the Borrower solely as permitted herein. Once borrowed or repaid, the New Money Loans may not be reborrowed, and any New Money Commitment, once terminated or reduced, may not be reinstated. The aggregate amount of the New Money Commitments shall be reduced by the amount of each Borrowing of New Money Loans made hereunder immediately upon the funding thereof, and the amount of each Lender’s applicable New Money Commitment shall be automatically and permanently reduced by the amount of the related New Money Loan funded by such Lender pursuant to Section 2.02(b) immediately upon the funding thereofNotes.

Loans and Commitments. Subject to the terms and conditions set forth herein: (a) Subject each ABL Revolving Lender agrees, severally and not jointly, to make ABL Revolving Loans in Dollars to the Borrowers from time to time during the Availability Period in an aggregate principal amount requested by a Borrower (or the Borrower Agent on behalf of such Borrower) that will not result in (i) such Lender’s ABL Revolving Exposure exceeding such Lender’s ABL Commitment, or (ii) the total ABL Revolving Exposures exceeding the lesser of (x) the aggregate ABL Revolving Commitments and (y) the ABL Borrowing Base (such lesser amount, the “ABL Line Cap”); and (b) each FILO Lender agrees, severally and not jointly, to make FILO Loans in Dollars to the Borrowers from time to time during the Availability Period in an aggregate principal amount requested by a Borrower (or the Borrower Agent on behalf of such Borrower) that will not result in (i) such FILO Lender’s FILO Loans exceeding such FILO Lender’s FILO Commitment, or (ii) the aggregate principal amount of FILO Loans outstanding exceeding the FILO Line Cap;[reserved]; provided that, in each case, the Borrower Agent and the Borrowers shall not request, and the ABL Revolving Lenders shall be under no obligation to fund, any ABL Revolving Loan unless the Borrowers have borrowed FILO Loans in an amount up to the full amount of the FILO Line Cap then in effect. All FILO Credit Extensions shall be FILO Loans under the FILO Facility and all Letters of Credit and Swingline Loans shall constitute ABL Revolving Credit Extensions under the ABL Revolving Facility. Within the foregoing limits and subject to the terms and conditions set forth herein (including Sections 4.01 and 4.02)the Administrative Agent’s authority, and relying upon the representations and warranties set forth herein, each Lender with a Refinanced Commitment shall be deemed, on the Effective Datein its sole discretion, to have made a loan to the Borrower (each such loan, a “Refinanced Loan”) in an aggregate amount equal to such Lender’s Refinanced Commitment. The Administrative Agent, the Lenders and the Credit Parties each acknowledges and agrees that the Refinanced Loans shall be deemed funded on the Effective Date without any actual funding and the Refinanced Commitment of each Lender shall terminate immediately and automatically after the deemed making of the Refinanced Loan. The Borrower acknowledges and agrees that the full proceeds of the Refinanced Loans have been disbursed by the Lenders to the Borrower. The Refinanced Loans shall initially be made as Eurodollar Loans with an Interest Period of three months. Once repaid, the Refinanced Loans may not be reborrowed, and any Refinanced Commitment, once terminated, may not be reinstated. (b) Subject make Protective Advances pursuant to the terms and conditions set forth herein (including Sections 4.01 and 4.02of Section 2.04), the Borrowers may borrow, repay and relying upon the representations reborrow Revolving Loans. All Borrowers shall be jointly and warranties set forth herein, each Lender with a New Money Commitment agrees, severally and not jointly, to make loans to the Borrower (each such loan, a “New Money Loan”) in Dollars on any Business Day on or following the Effective Date and during the Availability Period in an aggregate amount not to exceed its New Money Commitment at such time; provided that the aggregate amount liable as borrowers for all Borrowings of each such Borrowing shall not be less than $500,000 (or, if less, Borrower regardless of which Borrower received the aggregate amount of the remaining New Money Commitments), and, in any event, in an aggregate amount for each such Borrowing not to exceed the aggregate New Money Commitments at such time. The amount of each Lender’s New Money Loan as part of any such Borrowing shall equal its pro rata share of such Borrowing. (c) Proceeds of the New Money Loans shall be used and distributed by the Borrower solely as permitted herein. Once borrowed or repaid, the New Money Loans may not be reborrowed, and any New Money Commitment, once terminated or reduced, may not be reinstated. The aggregate amount of the New Money Commitments shall be reduced by the amount of each Borrowing of New Money Loans made hereunder immediately upon the funding thereof, and the amount of each Lender’s applicable New Money Commitment shall be automatically and permanently reduced by the amount of the related New Money Loan funded by such Lender pursuant to Section 2.02(b) immediately upon the funding proceeds thereof.

Loans and Commitments. (a) Subject to the terms and conditions set forth herein (including Sections 4.01 and 4.02), and relying upon the representations and warranties set forth herein, each Lender with a Refinanced Commitment shall be deemed, on the Effective Date, severally agrees to have made a loan make revolving credit loans in Dollars (“Revolving Loans”) to the Borrower (each such loan, a “Refinanced Loan”) from time to time during the Revolving Commitment Period in an aggregate principal amount equal at any one time outstanding which, when added to such Lender’s Refinanced other Revolving Extensions of Credit then outstanding, does not exceed the amount of such Lender’s Revolving Commitment. The Administrative AgentDuring the Revolving Commitment Period the Borrower may use the Revolving Commitments by borrowing, prepaying the Lenders Revolving Loans in whole or in part, and reborrowing, all in accordance with the Credit Parties each acknowledges terms and agrees that the Refinanced Loans shall be deemed funded on the Effective Date without any actual funding and the Refinanced Commitment of each Lender shall terminate immediately and automatically after the deemed making of the Refinanced Loanconditions hereof. The Borrower acknowledges and agrees that the full proceeds of the Refinanced Revolving Loans have been disbursed may from time to time be Eurodollar Loans or ABR Loans, as determined by the Lenders Borrower and notified to the Borrower. The Refinanced Loans shall initially be made as Eurodollar Loans Administrative Agent in accordance with an Interest Period of three months. Once repaid, the Refinanced Loans may not be reborrowed, Sections 2.1(c) and any Refinanced Commitment, once terminated, may not be reinstated2.9. (b) Subject to The Borrower may borrow under the terms and conditions set forth herein (including Sections 4.01 and 4.02), and relying upon Revolving Commitments during the representations and warranties set forth herein, each Lender with a New Money Revolving Commitment agrees, severally and not jointly, to make loans to the Borrower (each such loan, a “New Money Loan”) in Dollars Period on any Business Day on or following the Effective Date and during the Availability Period in an aggregate amount not to exceed its New Money Commitment at such timeDay; provided that the Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit F (which notice must be received by the Administrative Agent prior to 12:00 noon (New York City time), (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided, further, that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 11:00 a.m. (New York City time) on the date of the proposed borrowing), specifying (i) the aggregate amount and Type of each such the requested Borrowing, (ii) the requested Borrowing Date, (iii) in the case of Eurodollar Loans, the Interest Period therefor, and (iv) the location and number of the Borrower’s account to which funds are to be disbursed. Each borrowing under the Revolving Commitments shall not be less than in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple thereof (or, if lessthe then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the aggregate amount case of the remaining New Money Commitments)Eurodollar Loans, and, $5,000,000 or a whole multiple of $1,000,000 in any event, in an aggregate amount for each such Borrowing not to exceed the aggregate New Money Commitments at such timeexcess thereof. The amount of each Lender’s New Money Loan as part Upon receipt of any such Borrowing notice from the Borrower, the Administrative Agent shall equal promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 a.m. (New York City time), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such Borrowingoffice with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent. (c) Proceeds Each Lender at its option may make any Loan by causing any domestic branch or Affiliate of such Lender to make such Loan; provided that any exercise of such option shall not affect the obligation of the New Money Loans shall Borrower to repay such Loan in accordance with the terms of this Agreement; provided, further, that no such option may be used and distributed exercised by the Borrower solely as permitted herein. Once borrowed any Lender if, immediately after giving effect thereto, amounts would become payable by a Loan Party under Section 2.15 or repaid, the New Money Loans may 2.16 that are in excess of those that would be payable under such Section if such option were not be reborrowed, and any New Money Commitment, once terminated or reduced, may not be reinstated. The aggregate amount of the New Money Commitments shall be reduced by the amount of each Borrowing of New Money Loans made hereunder immediately upon the funding thereof, and the amount of each Lender’s applicable New Money Commitment shall be automatically and permanently reduced by the amount of the related New Money Loan funded by such Lender pursuant to Section 2.02(b) immediately upon the funding thereofexercised.

Loans and Commitments. Subject to the terms and conditions set forth herein: (a) Subject each ABL Revolving Lender agrees, severally and not jointly, to make ABL Revolving Loans in Dollars to the Borrowers from time to time during the Availability Period in an aggregate principal amount requested by a Borrower (or the Borrower Agent on behalf of such Borrower) that will not result in (i) such ▇▇▇▇▇▇’s ABL Revolving Exposure exceeding such ▇▇▇▇▇▇’s ABL Revolving Commitment, or (ii) the total ABL Revolving Exposures exceeding the ABL Line Cap less the Availability Block; and (b) each FILO Lender agrees, severally and not jointly, to make FILO Loans in Dollars to the Borrowers on the Closing Date in an aggregate principal amount equal to such FILO Lender’s FILO Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein (including Sections 4.01 and 4.02the Administrative Agent’s authority, in its sole discretion, to make Protective Advances pursuant to the terms of Section 2.04), the Borrowers may borrow, repay and relying upon the representations and warranties set forth herein, each Lender with a Refinanced Commitment shall be deemed, on the Effective Date, to have made a loan to the Borrower (each such loan, a “Refinanced Loan”) reborrow ABL Revolving Loans. Amounts borrowed in an aggregate amount equal to such Lender’s Refinanced Commitment. The Administrative Agent, the Lenders and the Credit Parties each acknowledges and agrees that the Refinanced Loans shall be deemed funded on the Effective Date without any actual funding and the Refinanced Commitment of each Lender shall terminate immediately and automatically after the deemed making respect of the Refinanced Loan. The Borrower acknowledges FILO Commitments and agrees that the full proceeds of the Refinanced Loans have been disbursed by the Lenders to the Borrower. The Refinanced Loans shall initially be made as Eurodollar Loans with an Interest Period of three months. Once repaid, the Refinanced Loans subsequently repaid or prepaid may not be reborrowed, . All Borrowers shall be jointly and any Refinanced Commitment, once terminated, may not be reinstated. (b) Subject to the terms and conditions set forth herein (including Sections 4.01 and 4.02), and relying upon the representations and warranties set forth herein, each Lender with a New Money Commitment agrees, severally and not jointly, to make loans to the Borrower (each such loan, a “New Money Loan”) in Dollars on any Business Day on or following the Effective Date and during the Availability Period in an aggregate amount not to exceed its New Money Commitment at such time; provided that the aggregate amount liable as borrowers for all Borrowings of each such Borrowing shall not be less than $500,000 (or, if less, Borrower regardless of which Borrower received the aggregate amount of the remaining New Money Commitments), and, in any event, in an aggregate amount for each such Borrowing not to exceed the aggregate New Money Commitments at such time. The amount of each Lender’s New Money Loan as part of any such Borrowing shall equal its pro rata share of such Borrowing. (c) Proceeds of the New Money Loans shall be used and distributed by the Borrower solely as permitted herein. Once borrowed or repaid, the New Money Loans may not be reborrowed, and any New Money Commitment, once terminated or reduced, may not be reinstated. The aggregate amount of the New Money Commitments shall be reduced by the amount of each Borrowing of New Money Loans made hereunder immediately upon the funding thereof, and the amount of each Lender’s applicable New Money Commitment shall be automatically and permanently reduced by the amount of the related New Money Loan funded by such Lender pursuant to Section 2.02(b) immediately upon the funding proceeds thereof.