Common use of New Commitments Clause in Contracts

New Commitments. (i) Borrower hereby acknowledges and agrees that as of the effective date of the Increase and following satisfaction of all conditions thereto as provided in Section 2.11 of the Credit Agreement, the amount of each Lender's Commitment shall be the amount set forth on Schedule A attached hereto and the Total Commitment under the Credit Agreement will include the Increase. (ii) In connection with the Increase, (x) ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA, TD Bank, N.A., Credit Suisse AG, Cayman Islands Branch and SunTrust Bank and (collectively, the “New Lenders” and each individually a “New Lender”, and together with the Existing Lenders, collectively, the “Lenders” and each individually a “Lender”) shall, as of the date hereof, become “Lenders” under the Credit Agreement with a respective Commitment in the amount set forth opposite such New Lender's name on Schedule A attached hereto (each a “New Commitment” and together the “New Commitments”), (y) ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank, N.A. shall be issued a replacement Revolving Credit Note in the principal face amount of $45,000,000.00, Royal Bank of Canada shall be issued a replacement Revolving Credit Note in the principal face amount of $45,000,000.00 and Stifel Bank & Trust shall be issued a replacement Revolving Credit Note in the principal face amount of $15,000,000.00 and (z) ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA shall be issued a Revolving Credit Note in the principal face amount of $45,000,000.00, TD Bank, N.A. shall be issued a Revolving Credit Note in the principal face amount of $40,000,000.00, SunTrust Bank shall be issued a Note in the principal face amount of $35,000,000.00 and Credit Suisse AG, Cayman Islands Branch shall be issued a Revolving Credit Note in the principal face amount of $30,000,000.00. Upon acceptance of such notes by the respective Lenders each such new or replacement note will be a “Note” under the Credit Agreement. The Existing Lenders listed in this Section 1(c)(ii)(y) will promptly return their current Notes to the Borrower marked “Cancelled”.

New Commitments. (i) Borrower hereby acknowledges and agrees that as of the effective date of the Increase and following satisfaction of all conditions thereto as provided in Section 2.11 of the Credit Agreement, Schedule 1.1 of the Credit Agreement shall be deleted in its entirety and Schedule 1.1 attached hereto shall be inserted in lieu thereof. The amount of each Lender's ’s Commitment shall be the amount set forth on Schedule A 1.1 attached hereto and the Total Commitment under the Credit Agreement will include the Increase. (ii) In connection with the Increase, (x) ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA▇, FSB, Sovereign Bank, Mercantile Bank, National City Bank, TD Bank, N.A., Credit Suisse AG, Cayman Islands Branch and SunTrust TriState Capital Bank and (collectively, the “New Lenders” and each individually a “New Lender”, and together with the Existing Lenders, collectively, the “Lenders” and each individually a “Lender”) shall, as of the date hereof, become “Lenders” under the Credit Agreement with a respective Commitment in the amount set forth opposite such New Lender's ’s name on Schedule A 1.1 attached hereto (each a “New Commitment” and together the “New Commitments”), ) and (y) KeyBank shall be issued a replacement Note in the principal face amount of $93,864,335.00, consolidating its existing commitment with its portion of the Increase, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank▇, N.A. FSB shall be issued a replacement Revolving Credit Note in the principal face amount of $45,000,000.0015,000,000.00, Royal Bank of Canada shall be issued a replacement Revolving Credit Note in the principal face amount of $45,000,000.00 and Stifel Bank & Trust shall be issued a replacement Revolving Credit Note in the principal face amount of $15,000,000.00 and (z) ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA shall be issued a Revolving Credit Note in the principal face amount of $45,000,000.00, TD Bank, N.A. shall be issued a Revolving Credit Note in the principal face amount of $40,000,000.00, SunTrust Sovereign Bank shall be issued a Note in the principal face amount of $35,000,000.00 and Credit Suisse AG20,000,000.00, Cayman Islands Branch Mercantile Bank shall be issued a Revolving Credit Note in the principal face amount of $30,000,000.0010,000,000.00, National City Bank shall be issued a Note in the principal face amount of $25,000,000.00, TD Bank, N.A. shall be issued a Note in the principal face amount of $26,135,665.00 and TriState Capital Bank shall be issued a Note in the principal face amount of $10,000,000.00. Upon acceptance of such notes by the respective Lenders each such new or replacement note will be a “Note” under the Credit Agreement. The Existing Lenders listed in Upon execution of this Section 1(c)(ii)(y) Amendment, KeyBank will promptly return their its current Notes Note to the Borrower marked “Cancelled”maker thereof.