New Term Loan Commitments Clause Samples

New Term Loan Commitments. (a) The Borrower may by written notice to the Administrative Agent elect to request the establishment of one or more new term loan commitments (the “New Term Loan Commitments”), in an aggregate amount not in excess of the Dollar Equivalent of $100,000,000 and not less than the Dollar Equivalent of $25,000,000 individually (or such lesser amount which shall be approved by the Administrative Agent). Each such notice shall specify (i) the date (each, an “Increased Amount Date”) on which the Borrower proposes that the New Term Loan Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent, (ii) the identity of each Lender or Affiliate or other Person that is consented to by the Administrative Agent (which consent shall not be unreasonably withheld) (each, a “New Term Loan Lender”) to whom the Borrower proposes any portion of such New Term Loan Commitments be allocated and the amounts of such allocations; provided that all existing Lenders shall be approached first to provide all or a portion of the New Term Loan Commitments and may elect or decline, in their sole discretion, to provide a New Term Loan Commitment and (iii) whether such New Term Loan Commitments are to be additional Tranche B Term Loan Commitments or Tranche C Term Loan Commitments or commitments to make term loans of a new Series (defined below) with terms different from the Tranche B Term Loans or Tranche C Term Loans (subject to the limitations described below). Such New Term Loan Commitments shall become effective, as of such Increased Amount Date; provided that (A) no Default or Event of Default shall exist on such Increased Amount Date before or after giving effect to such New Term Loan Commitments; (B) both before and after giving effect to the making of any such New Term Loans, each of the conditions set forth in Section 5.02 shall be satisfied and all fees and expenses owing in respect of such increase to the Administrative Agent and the Lenders have been paid; (C) at the time each Borrowing of New Term Loans is made, the Consolidated Fixed Charge Coverage Ratio on a consolidated basis for the Borrower and its Subsidiaries’ most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such New Term Loans are incurred would have been at least 2.00 to 1.00 (determined on a Pro Forma Basis, including a pro form...

New Term Loan Commitments. Each Borrowing of Amendment No. 3 New Term Loans under this Agreement shall be made by the Lenders pro rata on the basis of their then-applicable Amendment No. 3

New Term Loan Commitments. Subject to the terms and conditions hereof, (a) each Lender with a Term A Loan Commitment (referred to as a “New Term A Loan Lender”), agrees that it will make term loans (relative to such New Term A Loan Lender, its “New Term A Loans”) in Dollars to the Parent Borrower on the Closing Date in an amount equal to the amount of the New Term A Loan Commitment of such New Term A Loan Lender and (b) each Lender with a New Term B Loan Commitment (referred to as a “New Term B Loan Lender”), agrees that it will make term loans (relative to such New Term B Loan Lender, its “New Term B Loans”) in Dollars to the Parent Borrower on the Closing Date in an amount equal to the amount of the New Term B Loan Commitment of such New Term B Loan Lender. The New Term Loans may from time to time be LIBO Rate Loans or Base Rate Loans, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.4 and 2.5.

New Term Loan Commitments. The New Term Loan Commitment of each Lender, if any, shall automatically terminate at such time as such Lender shall have made available to the Borrower such Lender's share of the New Term Loan.

New Term Loan Commitments. (a) Each Tranche E Refinancing Term Lender hereby agrees, severally and not jointly, on the terms set forth herein and in the Credit Agreement and subject to the conditions set forth herein, to make Tranche E Refinancing Term Loans to the Borrower on the Amendment No. 5 Effective Date in an aggregate principal amount not to exceed the amount set forth opposite such Tranche E Refinancing Term Lender’s name on Schedule I hereto under the heading “Tranche E Refinancing Term Loan Commitment”. Amounts borrowed under this Section 2(a) and repaid or prepaid may not be reborrowed. (b) Each Tranche E Incremental Term Lender hereby agrees, severally and not jointly, on the terms set forth herein and in the Credit Agreement and subject to the conditions set forth herein, to make Tranche E Incremental Term Loans to the Borrower on the Amendment No. 5 Effective Date in an aggregate principal amount not to exceed the amount set forth opposite such Tranche E Incremental Term Lender’s name on Schedule I hereto under the heading “Tranche E Incremental Term Loan Commitment”. Amounts borrowed under this Section 2(b) and repaid or prepaid may not be reborrowed. (c) Each New Tranche F Term Lender hereby agrees, severally and not jointly, on the terms set forth herein and in the Credit Agreement and subject to the conditions set forth herein, to make New Tranche F Term Loans to the Borrower on the Amendment No. 5 Effective Date in an aggregate principal amount not to exceed the amount set forth opposite such New Tranche F Term Lender’s name on Schedule I hereto under the heading “New Tranche F Term Loan Commitment”. Amounts borrowed under this Section 2(c) and repaid or prepaid may not be reborrowed. (d) Unless the context shall otherwise require, (i) the Tranche E Refinancing Term Loans and the New Tranche F Term Loans shall constitute “Refinancing Term Loans” and the Tranche E Refinancing Term Lenders and the New Tranche F Term Lenders shall constitute “Refinancing Term Lenders” and “Lenders” and (ii) the Tranche E Incremental Term Loans shall constitute “Incremental Term Loans” and the Tranche E Incremental Term Lenders shall constitute “Incremental Term Lenders” and “Lenders”, in each case for all purposes of the Amended Credit Agreement and the other Loan Documents. (e) From and after the Amendment No. 5 Effective Date, the Tranche E Refinancing Term Loans and the Tranche E Incremental Term Loans shall constitute a single Class of Term Loans under the Amended Credit Agreem...