Common use of Second Tranche Notes Clause in Contracts

Second Tranche Notes. Subject to the terms and conditions set forth herein and in reliance upon the representations and warranties of the Credit Parties set forth herein, each Second Tranche Purchaser severally and not jointly agrees to purchase from the Issuer, on any Business Day during the Second Tranche Availability Period, and the Issuer agrees to issue to each such Second Tranche Purchaser on such date (such date, the “Second Tranche Notes Issuance Date”), a note substantially in the form of Exhibit C-2 (each a “Second Tranche Note” and collectively, the “Second Tranche Notes”) in an amount with respect to each Second Tranche Purchaser not to exceed the amount set forth opposite such Second Tranche Purchaser’s name in Schedule 2.01 under the heading “Second Tranche Note Purchase Commitment” (such amount being referred to herein as such Second Tranche Purchaser’s “Second Tranche Note Purchase Commitment”); provided, that, on or prior to the applicable Business Day, the Second Tranche Purchase Condition shall have been satisfied; provided, further, that, for the avoidance of doubt, it is understood and agreed that there shall be no more than one (1) Second Tranche Notes Issuance during the term of this Agreement. The Second Tranche Notes Issuance shall consist of Second Tranche Notes simultaneously issued by the Issuer to each of the Second Tranche Purchasers in accordance with their respective Second Tranche Note Purchase Commitments. Amounts which are repaid on the Second Tranche Notes may not be reborrowed.

Second Tranche Notes. Subject to the terms and conditions set forth herein and in reliance upon the representations and warranties of the Credit Parties set forth herein, each Second Tranche Purchaser severally and not jointly agrees to purchase from the Issuer, on any Business Day during the Second Tranche Availability Period, and the Issuer agrees to issue to each such Second Tranche Purchaser on such date (such date, the “Second Tranche Notes Issuance Date”), a note substantially in the form of Exhibit C-2 B-2 (each a “Second Tranche Note” and collectively, the “Second Tranche Notes”) in an amount with respect to each Second Tranche Purchaser not to exceed the amount set forth opposite such Second Tranche Purchaser’s name in Schedule 2.01 under the heading “Second Tranche Note Purchase Commitment” (such amount being referred to herein as such Second Tranche Purchaser’s “Second Tranche Note Purchase Commitment”); provided, that, on or prior to the applicable such Business Day, the Second Tranche Purchase Condition shall have been satisfiedsatisfied (or waived by the Administrative Agent and the Second Tranche Purchasers); provided, further, that, for the avoidance of doubt, it is understood and agreed that there shall be no more than one (1) Second Tranche Notes Issuance during the term of this Agreement. The Second Tranche Notes Issuance shall consist of Second Tranche Notes simultaneously issued by the Issuer to each of the Second Tranche Purchasers in accordance with their respective Second Tranche Note Purchase Commitments. Amounts which are repaid on the Second Tranche Notes may not be reborrowed.

Second Tranche Notes. Subject to Section 2.13 and the other terms and conditions set forth herein (it being understood and agreed, for the avoidance of doubt, that no Purchaser shall have any Second Tranche Note Purchase Commitment unless and until such Purchaser agrees thereto in the Second Tranche Joinder Agreement) and in reliance upon the representations and warranties of the Credit Parties set forth herein, each Second Tranche Purchaser severally and not jointly agrees to purchase from the Issuer, on any Business Day during the date of effectiveness of the Second Tranche Availability PeriodJoinder Agreement (which shall be a Business Day), and the Issuer agrees to issue to each such Second Tranche Purchaser on such date (such date, the “Second Tranche Notes Issuance Date”), a note substantially in the form of Exhibit C-2 B-2 (each a “Second Tranche Note” and collectively, the “Second Tranche Notes”) in an amount with respect equal to each Second Tranche Purchaser not to exceed the amount set forth opposite such Second Tranche Purchaser’s name in Schedule 2.01 under the heading “Second Tranche Note Purchase Commitment” (such amount being referred to herein as such Second Tranche Purchaser’s “Second Tranche Note Purchase Commitment”); provided, that, on or prior to the applicable Business Day, the Second Tranche Purchase Condition shall have been satisfied; provided, further, that, for the avoidance of doubt, it is understood and agreed that there shall be no more than one (1) Second Tranche Notes Issuance during the term of this Agreement. The Second Tranche Notes Issuance shall consist of Second Tranche Notes simultaneously issued by the Issuer to each of the Second Tranche Purchasers in accordance with their respective Second Tranche Note Purchase Commitments. Amounts which are repaid on the Second Tranche Notes may not be reborrowed.

Second Tranche Notes. Subject to the terms and conditions set forth herein and in reliance upon the representations and warranties of the Credit Parties set forth herein, each Second Tranche Purchaser severally and not jointly agrees to purchase from the Issuer, Issuer on any Business Day during the Second Tranche Availability PeriodNotes Issuance Date, and the Issuer agrees to issue to each such Second Tranche Purchaser on such date (such date, the “Second Tranche Notes Issuance Date”), a note substantially in the form of Exhibit C-2 B-2 (each a “Second Tranche Note” and collectively, the “Second Tranche Notes”) in an amount with respect to each Second Tranche Purchaser not to exceed the amount set forth opposite such Second Tranche Purchaser’s name in Schedule 2.01 under the heading “Second Tranche Note Purchase Commitment” (such amount being referred to herein as such Second Tranche Purchaser’s “Second Tranche Note Purchase Commitment”); provided, that, on or prior to the applicable Business Day, the Second Tranche Purchase Condition shall have been satisfied; provided, further, that, for the avoidance of doubt, it is understood and agreed that there shall be no more than one (1) Second Tranche Notes Issuance during the term of this Agreement. The Second Tranche Notes Issuance shall consist of Second Tranche Notes simultaneously issued by the Issuer to each of the Second Tranche Purchasers in accordance with their respective Second Tranche Note Purchase Commitments. Amounts which are repaid on the Second Tranche Notes may not be reborrowed.