Common use of New Term Commitment Clause in Contracts

New Term Commitment. (a) Subject to the satisfaction (or waiver by the First Amendment Term Lenders and the Administrative Agent) of the conditions in Section 3 hereof and on the terms set forth herein and in the Amended Credit Agreement, each First Amendment Term Lender agrees to make First Amendment Term Loans denominated in Dollars to Borrower in an amount equal to such First Amendment Term Lender’s First Amendment Term Commitment set forth on Schedule A hereto, which First Amendment Term Loans shall be incurred pursuant to a single drawing on the First Amendment Effective Date. (b) From and after the First Amendment Effective Date, each party hereto agrees that, for all purposes of the Credit Agreement and the other Loan Documents, each First Amendment Term Lender shall be deemed to be an “Initial Term Lender”, a “Term Lender” and a “Lender” if not already an Initial Term Lender, a Term Lender and a Lender under the Credit Agreement, and each First Amendment Term Lender shall be a party to the Credit Agreement and shall have the rights, remedies and obligations of an Initial Term Lender, a Term Lender and a Lender under the Credit Agreement if not already an Initial Term Lender, a Term Lender and a Lender thereunder. (c) From and after the First Amendment Effective Date, the First Amendment Term Loans made on the First Amendment Effective Date shall constitute “Initial Term Loans”, “Loans” and “Term Loans” for all purposes of the Credit Agreement and the Loan Documents and shall have terms and provisions identical to those applicable to the Initial Term Loans. For the avoidance of doubt, (i) at all times the First Amendment Term Loans shall be secured by Liens on the Collateral securing the Initial Term Loans, which Liens shall rank pari passu, and shall be guaranteed by the same Persons that guarantee the Initial Term Loans and (ii) the First Amendment Term Loans shall constitute the same class or Tranche as the Initial Term Loans and are intended to be fungible for tax or trading purposes with the Initial Term Loans.

New Term Commitment. (a) Subject to the satisfaction (or waiver by the First Amendment Term Lenders and the Administrative Agentwaiver) of the conditions in Section 3 hereof and on the terms set forth herein and in the Amended Credit Agreement, each First Sixth Amendment Term Lender agrees to make First Sixth Amendment Term Loans denominated in Dollars to Borrower in an amount equal to such First Sixth Amendment Term Lender’s First Sixth Amendment Term Commitment set forth on Schedule A I hereto, which First Sixth Amendment Term Loans shall be incurred pursuant to a single drawing on the First Sixth Amendment Effective Date. (b) From and after the First Sixth Amendment Effective Date, each party hereto agrees that, for all purposes of the Credit Agreement and the other Loan Documents, each First Sixth Amendment Term Lender shall be deemed to be an “Initial Term Lender”, a “Term Lender” and a “Lender” (if not already an Initial Term Lender, a Term Lender and a Lender Lender) under the Credit Agreement, and each First Sixth Amendment Term Lender shall be a party to the Credit Agreement and shall have the rights, remedies and obligations of an Initial Term Lender, a Term Lender and a Lender under the Credit Agreement (if not already an Initial Term Lender, a Term Lender and a Lender thereunderLender) under the Credit Agreement. (c) From and after the First Sixth Amendment Effective Date, the First Sixth Amendment Term Loans made on the First Sixth Amendment Effective Date shall constitute “Initial Term Loans”, “Loans” and “Term Loans” for all purposes of the Credit Agreement and the Loan Documents and shall have terms and provisions identical to those applicable to the Initial Term LoansLoans except as otherwise set forth in the Amended Credit Agreement. For the avoidance of doubt, (i) at all times the First Sixth Amendment Term Loans shall be secured by Liens on the Collateral securing the Initial Term Loans, which Liens shall rank pari passu, and shall be guaranteed by the same Persons that guarantee the Initial Term Loans and (ii) the First Amendment Term Loans shall constitute the same class or Tranche as the Initial Term Loans and are intended to be fungible for tax or trading purposes with the Initial Term Loans.