Common use of Term Commitment Increase Clause in Contracts

Term Commitment Increase. Subject to the satisfaction (or waiver by each First Amendment Term Lender) of the conditions in Section 6 hereof and on the terms set forth herein and in the Second Lien Credit Agreement, each First Amendment Term Lender agrees to make a First Amendment Term Loan denominated in Dollars to the Borrower in an amount equal to such First Amendment Term Lender’s First Amendment Term Commitment set forth on Schedule 2.01 hereto, which First Amendment Term Loans shall be incurred pursuant to a single drawing on the First Amendment Closing Date. Such First Amendment Term Loans shall be used for the Approved Use of Proceeds. Notwithstanding anything to the contrary contained herein or in the Second Lien Credit Agreement, from and after the First Amendment Closing Date, the First Amendment Term Loans shall have the same terms as, shall be treated as comprising a single class with, and shall be fungible with, the Initial Loans for all purposes, and shall be entitled to all the benefits afforded to Initial Loans by the Second Lien Credit Agreement and the other Loan Documents, and shall, without limiting the foregoing, benefit equally and ratably from the Guarantees and security interests created by the Security Documents. From and after the First Amendment Closing Date, each party hereto agrees that, for all purposes of the Second Lien Credit Agreement and the other Loan Documents, each First Amendment Term Lender shall ACTIVE/100348742.5 be deemed to be a Lender if not already a Lender under the Second Lien Credit Agreement, and each First Amendment Term Lender shall be a party to the Second Lien Credit Agreement and shall have the rights and obligations of a Lender under the Second Lien Credit Agreement if not already a Lender thereunder. Unless previously terminated, the First Amendment Term Commitment of each First Amendment Term Lender pursuant to Section 2(a) shall terminate upon the making of the First Amendment Term Loans on the First Amendment Closing Date; provided that, if the First Amendment Closing Date has not occurred on or prior to the last day of the Certain Funds Period (the “First Amendment Commitment Expiration Date”), the Borrower shall automatically be deemed to have elected to terminate the First Amendment Term Commitment pursuant to Section 2.06 of the Second Lien Credit Agreement effective as of the First Amendment Commitment Expiration Date.

Term Commitment Increase. ‌ Subject to the satisfaction (or waiver by each First Amendment Term Lender) of the conditions in Section 6 hereof and on the terms set forth herein and in the Second First Lien Credit Agreement, each First Amendment Term Lender agrees to make a First Amendment Term Loan denominated in Dollars to the Borrower in an amount equal to such First Amendment Term Lender’s First Amendment Term Commitment set forth on Schedule 2.01 hereto, which First Amendment Term Loans shall be incurred pursuant to a single drawing on the First Amendment Closing Date. Such First Amendment Term Loans shall be used for the Approved Use of Proceeds. Notwithstanding anything to the contrary contained herein or in the Second First Lien Credit Agreement, from and after the First Amendment Closing Date, the First Amendment Term Loans shall have the same terms as, shall be treated as comprising a single class with, and shall be fungible with, the Initial Term Loans for all purposes, and shall be entitled to all the benefits afforded to Initial Term Loans by the Second First Lien Credit Agreement and the other Loan Documents, and shall, without limiting the foregoing, benefit equally and ratably from the Guarantees and security interests created by the Security Documents. From and after the First Amendment Closing Date, each party hereto agrees that, for all purposes of the Second First Lien Credit Agreement and the other Loan Documents, each First Amendment Term Lender shall ACTIVE/100348742.5 be deemed to be a Term Lender and a Lender if not already a Term Lender and a Lender under the Second First Lien Credit Agreement, and each First Amendment Term Lender shall be a party to the Second First Lien Credit Agreement and shall have the rights and obligations of a Term Lender and a Lender under the Second First Lien Credit Agreement if not already a Term Lender and a Lender thereunder. Unless previously terminated, the First Amendment Term Commitment of each First Amendment Term Lender pursuant to Section 2(a) shall terminate upon the making of the First Amendment Term Loans on the First Amendment Closing Date; provided that, if the First Amendment Closing Date has not occurred on or prior to the last day of the Certain Funds Period (the “First Amendment Commitment Expiration Date”), the Borrower shall automatically be deemed to have elected to terminate the First Amendment Term Commitment pursuant to Section 2.06 of the Second First Lien Credit Agreement effective as of the First Amendment Commitment Expiration Date.

Term Commitment Increase. Subject to the satisfaction (or waiver by each First Amendment Term Lender) of the conditions in Section 6 hereof and on the terms set forth herein and in the Second First Lien Credit Agreement, each First Amendment Term Lender agrees to make a First Amendment Term Loan denominated in Dollars to the Borrower in an amount equal to such First Amendment Term Lender’s First Amendment Term Commitment set forth on Schedule 2.01 hereto, which First Amendment Term Loans shall be incurred pursuant to a single drawing on the First Amendment Closing Date. Such First Amendment Term Loans shall be used for the Approved Use of Proceeds. Notwithstanding anything to the contrary contained herein or in the Second First Lien Credit Agreement, from and after the First Amendment Closing Date, the First Amendment Term Loans shall have the same terms as, shall be treated as comprising a single class with, and shall be fungible with, the Initial Term Loans for all purposes, and shall be entitled to all the benefits afforded to Initial Term Loans by the Second First Lien Credit Agreement and the other Loan Documents, and shall, without limiting the foregoing, benefit equally and ratably from the Guarantees and security interests created by the Security Documents. From and after the First Amendment Closing Date, each party hereto agrees that, for all purposes of the Second First Lien Credit Agreement and the other Loan Documents, each First Amendment Term Lender shall ACTIVE/100348742.5 be deemed to be a Term Lender and a Lender if not already a Term Lender and a Lender under the Second First Lien Credit Agreement, and each First Amendment Term Lender shall be a party to the Second First Lien Credit Agreement and shall have the rights and obligations of a Term Lender and a Lender under the Second First Lien Credit Agreement if not already a Term Lender and a Lender thereunder. Unless previously terminated, the First Amendment Term Commitment of each First Amendment Term Lender pursuant to Section 2(a) shall terminate upon the making of the First Amendment Term Loans on the First Amendment Closing Date; provided that, if the First Amendment Closing Date has not occurred on or prior to the last day of the Certain Funds Period (the “First Amendment Commitment Expiration Date”), the Borrower shall automatically be deemed to have elected to terminate the First Amendment Term Commitment pursuant to Section 2.06 of the Second First Lien Credit Agreement effective as of the First Amendment Commitment Expiration Date.