Common use of Term Loan Amounts Clause in Contracts

Term Loan Amounts. (A) Under the Original Credit Agreement, the Lenders thereunder made term loans to Borrowers in the principal amounts of (1) Eight Million Five Hundred Thousand Dollars ($8,500,000) (“Existing Term Loan 1”), (2) Five Million Dollars ($5,000,000) (“Existing Term Loan 2”) and (3) Three Million Dollars ($3,000,000) (“Existing Term Loan 3”, and together with Existing Term Loan 1 and Existing Term Loan 2, the “Existing Term Loans”) and, following the making of each such Existing Term Loan, the Term Loan Tranche 1 Commitment (as defined in the Original Credit Agreement), the Term Loan Tranche 2 Commitment (as defined in the Original Credit Agreement) and the Term Loan Tranche 3 Commitment (as defined in the Original Credit Agreement), as applicable, were reduced to zero ($0). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 1 is $8,500,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 1” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 1 Commitment Amount hereto without constituting a novation. Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 2 is $5,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 2” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 2 Commitment Amount hereto without constituting a novation. Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 3 is $3,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 3” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 3 Commitment Amount hereto without constituting a novation. Each Borrower hereby (x) represents, warrants, agrees, covenants and reaffirms that it has no defense, set off, claim or counterclaim against the Agent and the Lenders with regard to its Obligations in respect of each such Existing Term Loan and (y) reaffirms its obligation to repay each of Term Loan Tranche 1, Term Loan Tranche 2 and Term Loan Tranche 3 in accordance with the terms and provisions of this Agreement and the other Financing Documents.

Term Loan Amounts. On the terms and subject to the conditions set forth herein, each Lender severally agrees to make to Borrowers a term loan in an original principal amount equal to such Lender’s Term Loan Commitment Percentage (A) Under the Original Credit Agreementcollectively, the Lenders thereunder made term loans “Term Loan”). Each Lender’s obligation to Borrowers fund the Term Loan shall be limited to such Lender’s Term Loan Commitment Percentage, and no Lender shall have any obligation to fund any portion of any Term Loan required to be funded by any other Lender, but not so funded. No Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. The Term Loan may be funded in the principal amounts of two advances (1) Eight each, a “Tranche”): Twenty Five Million Five Hundred Thousand Dollars ($8,500,00025,000,000) shall be drawn on the Closing Date (“Existing Term Loan 1Tranche A”), (2) and an additional Five Million Dollars ($5,000,000) may be drawn during the first six (6) months from the Closing Date (“Existing Tranche B”), in an aggregate amount not to exceed the Term Loan 2”Commitment, but no advances under the Term Loan shall be made after the six (6) month anniversary date of the Closing Date, and any portion of the Term Loan Commitment not funded as of the close of business on the six (36) Three month anniversary date of the Closing Date shall thereupon automatically be terminated and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitment. If Borrowers have not drawn Tranche B as of the close of business on the six (6) month anniversary of the Closing Date, Borrowers shall pay to Administrative Agent, for the benefit of all Lenders committed to make Term Loan advances on the Closing Date a non-utilization fee of Two Hundred Thousand Dollars ($200,000). Notwithstanding anything to the contrary provided for in the foregoing or otherwise in this Agreement, as of the close of business on the six (6) month anniversary date of the Closing Date, if the total aggregate amount of all advances under the Term Loan requested by Borrowers and funded by Lenders as of such date shall not equal Thirty Million Dollars ($3,000,000) (“Existing Term Loan 3”30,000,000), and together with Existing Term Loan 1 and Existing Term Loan 2, the “Existing Term Loans”) and, following the making then as of each such Existing Term Loan, date the Term Loan Tranche 1 Commitment shall be automatically reduced by an amount equal to the difference between Thirty Million Dollars (as defined in the Original Credit Agreement), $30,000,000) and such total aggregate amount of all advances under the Term Loan Tranche 2 Commitment (made as defined in the Original Credit Agreement) of such date and the Term Loan Tranche 3 Commitment (Amount of each Lender as defined of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Original Credit Agreement), as applicable, were reduced to zero ($0). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 1 is $8,500,000Commitment. If drawn, which amount Tranche B shall be deemed drawn by Borrowers in its entirety. Borrowers shall deliver to have been, and hereby is, converted to the “Term Loan Tranche 1” under this Agreement, and hereby is deemed to be outstanding in the amount set forth Administrative Agent a Notice of Borrowing with respect to each Lender’s proposed Term Loan Tranche 1 Commitment Amount hereto without constituting a novation. Immediately advance, such Notice of Borrowing to be delivered no later than noon (Chicago time) two (2) Business Days prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 2 is $5,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 2” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 2 Commitment Amount hereto without constituting a novation. Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 3 is $3,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 3” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 3 Commitment Amount hereto without constituting a novation. Each Borrower hereby (x) represents, warrants, agrees, covenants and reaffirms that it has no defense, set off, claim or counterclaim against the Agent and the Lenders with regard to its Obligations in respect of each such Existing Term Loan and (y) reaffirms its obligation to repay each of Term Loan Tranche 1, Term Loan Tranche 2 and Term Loan Tranche 3 in accordance with the terms and provisions of this Agreement and the other Financing Documentsproposed borrowing.

Term Loan Amounts. (A) Under the Original Existing Credit Agreement, the Lenders thereunder made term loans to Borrowers in the principal amounts amount of (1) Eight Million Five Hundred Thousand Dollars ($8,500,000) 12,000,000 (“Existing Term Loan Tranche 1”), (2) Five Million Dollars ($5,000,000) (“Existing Term Loan 2”) and (3) Three Million Dollars ($3,000,000) (“Existing Term Loan 3”, and together with Existing Term Loan 1 and Existing Term Loan 2, the “Existing Term Loans”) and, following the making of each such Existing Term LoanLoan Tranche 1, the Term Loan Tranche 1 Commitment (as defined in the Original Credit Agreement), the Term Loan Tranche 2 Commitment (as defined in the Original Existing Credit Agreement) and the Term Loan Tranche 3 Commitment (as defined in the Original Credit Agreement), as applicable, were was reduced to zero ($0). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan Tranche 1 is was $8,500,000, which amount 12,000,000. The parties hereto agree that the Existing Term Loan Tranche 1 shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 1” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 1 Commitment Amount hereto without constituting a novation. Immediately prior , and each Lender’s obligation to fund in respect of the effectiveness portion of this Agreement, the outstanding principal balance its Term Loan Tranche 1 Commitment comprised of the Existing Term Loan 2 is $5,000,000, which amount Tranche 1 shall be deemed to have been, and hereby is, converted to satisfied on the “Term Loan Tranche 2” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 2 Commitment Amount hereto without constituting Closing Date as a novationresult of such conversion. Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 3 is $3,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 3” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 3 Commitment Amount hereto without constituting a novation. Each Borrower hereby (x) represents, warrants, agrees, covenants and reaffirms that it has no defense, set off, claim or counterclaim against the Agent and the Lenders with regard to its Obligations in respect of each such Existing Term Loan Tranche 1 and (y) reaffirms its obligation obligations to repay each of Term Loan Tranche 1, Term Loan Tranche 2 and Term Loan Tranche 3 1 in accordance with the terms and provisions of this Agreement and the other Financing Documents.

Term Loan Amounts. (A) Under the Original Existing Credit Agreement, the Lenders thereunder made term loans in respect of tranche 1 (collectively, in the singular, the “Existing Term Loan Tranche 1”) to Borrowers in the principal amounts aggregate amount of (1) Eight Thirty Five Million Five Hundred Thousand Dollars ($8,500,00035,000,000) and term loans in respect of tranche 2 (collectively, in the singular, the “Existing Term Loan 1Tranche 2”), (2) in an aggregate amount equal to Five Million Dollars ($5,000,000) (“Existing Term Loan 2”) and (3) Three Million Dollars ($3,000,000) (“Existing Term Loan 3”, and together with Existing Term Loan 1 and Existing Term Loan 2, the “Existing Term Loans”) and, following the making of each such Existing Term LoanLoan Tranche 1 and Existing Term Loan Tranche 2, the Term Loan Tranche 1 Commitment (as defined in the Original Existing Credit Agreement), ) and the Term Loan Tranche 2 Commitment (as defined in the Original Existing Credit Agreement) and the Term Loan Tranche 3 Commitment (as defined in the Original Credit Agreement), as applicable, were reduced to zero ($0). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan Tranche 1 is $8,500,00013,125,000, which amount shall continue to be deemed outstanding under this Agreement without constituting a novation and is referred to have been, and hereby is, converted to hereunder as the Term Loan Tranche 1 (the “Term Loan Tranche 1” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 1 Commitment Amount hereto without constituting a novation”). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan Tranche 2 is $5,000,0001,875,000, which amount shall continue to be deemed outstanding under this Agreement without constituting a novation and is referred to have been, and hereby is, converted to hereunder as the Term Loan Tranche 2 (the “Term Loan Tranche 2” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 2 Commitment Amount hereto without constituting a novation. Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 3 is $3,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 3” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 3 Commitment Amount hereto without constituting a novation”). Each Borrower hereby (x) represents, warrants, agrees, covenants and reaffirms that it has no defense, set off, claim or counterclaim against the Agent and the Lenders with regard to its Obligations in respect of each such Existing Term Loan Tranche 1 and the Existing Term Loan Tranche 2 and (y) reaffirms its obligation to repay each of such Existing Term Loan Tranche 1, 1 and the Existing Term Loan Tranche 2 and Term Loan Tranche 3 in accordance with the terms and provisions of this Agreement and the other Financing Documents.

Term Loan Amounts. (A) Under the Original Existing Credit Agreement, the Lenders thereunder made term loans to Borrowers in the principal amounts amount of (1) Eight Million Five Hundred Thousand Dollars ($8,500,000) 40,000,000 (“Existing Term Loan Tranche 1”), (2) Five Million Dollars ($5,000,000) (“Existing Term Loan 2”) and (3) Three Million Dollars ($3,000,000) (“Existing Term Loan 3”, and together with Existing Term Loan 1 and Existing Term Loan 2, the “Existing Term Loans”) and, following the making of each such Existing Term LoanLoan Tranche 1, the Term Loan Tranche 1 Commitment (as defined in the Original Credit Agreement), the Term Loan Tranche 2 Commitment (as defined in the Original Existing Credit Agreement) and the Term Loan Tranche 3 Commitment (as defined in the Original Credit Agreement), as applicable, were was reduced to zero ($0). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan Tranche 1 is $8,500,000, which amount 40,000,000. The parties hereto agree that the Existing Term Loan Tranche 1 shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 1” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 1 Commitment Amount hereto without constituting a novation. Immediately prior , and each Lender’s obligation to fund in respect of the effectiveness portion of this Agreementits Term Loan Tranche 1 MidCap / Cerus / A&R Credit, the outstanding principal balance Security and Guaranty Agreement (Term Loan) [***] = Certain Confidential Information Omitted Commitment comprised of the Existing Term Loan 2 is $5,000,000, which amount Tranche 1 shall be deemed to have been, and hereby is, converted to satisfied on the “Term Loan Tranche 2” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 2 Commitment Amount hereto without constituting Closing Date as a novation. Immediately prior to the effectiveness result of this Agreement, the outstanding principal balance of the Existing Term Loan 3 is $3,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 3” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 3 Commitment Amount hereto without constituting a novationsuch conversion. Each Borrower hereby (x) represents, warrants, agrees, covenants and reaffirms that it has no defense, set off, claim or counterclaim against the Agent and the Lenders with regard to its Obligations in respect of each such Existing Term Loan Tranche 1 and (y) reaffirms its obligation obligations to repay each of Term Loan Tranche 1, Term Loan Tranche 2 and Term Loan Tranche 3 1 in accordance with the terms and provisions of this Agreement and the other Financing Documents.