Common use of The Commitments and Loans Clause in Contracts

The Commitments and Loans. (a) Pursuant to the Existing Credit Agreement, certain banks and other financial institutions made term loans to the Borrower, the aggregate outstanding principal balance of which as of the Effective Date is $205,776,241.50. The Borrower acknowledges and agrees that (i) pursuant to the Bank Assignment Agreement, on the Effective Date, BofA and DBTCA purchased from the other banks and other financial institutions party to the Existing Credit Agreement the outstanding term loans made to the Borrower under the Existing Credit Agreement held by such banks and other financial institutions, (ii) such term loans purchased by BofA and DBTCA pursuant to the Bank Assignment Agreement and the term loans made by BofA and DBTCA to the Borrower under the Existing Credit Agreement and outstanding on the Effective Date, in an aggregate outstanding principal amount of $151,974,511.95, shall, subject to clause (iii) of the last sentence of Section 2.1(c), be deemed to constitute term loans made under this Credit Agreement on the Effective Date (each, a “Term Loan” and, collectively, the “Term Loans”), (iii) the Term Loans shall initially be maintained as a single Borrowing of Base Rate Loans (subject to the option to convert the Term Loans pursuant to Section 4.3) and (iv) a portion of the Term Loans shall be assigned by BofA and DBTCA to certain of the Lenders on the Effective Date pursuant to Section 2.12. Once repaid, Term Loans may not be reborrowed. The Borrower hereby agrees to execute and deliver to each Lender that requests same a Term Note in the form of Exhibit A-1 to evidence the Term Loans made by such Lender or otherwise owing to such Lender pursuant to the Bank Assignment Agreement or as provided in Section 11.6 of this Credit Agreement. (b) [intentionally omitted]. (c) Subject to the terms and conditions set forth in this Credit Agreement, on and after the Initial Borrowing Date and to and excluding the Maturity Date, each Revolving Credit Lender severally agrees to make revolving loans and advances to the Borrower hereunder (the “Revolving Loans”). Subject to the provisions of this Credit Agreement, the Borrower may borrow, repay (without penalty, except for breakage costs under Section 4.5(b)) and re-borrow Revolving Loans, all in accordance with the terms and conditions hereof. On and immediately after the occurrence of the Effective Date, the Revolving Credit Commitment for each Lender shall be the amount set forth opposite such Lender’s name in Schedule I hereto directly below the column entitled “Revolving Credit Commitment” (as same may be (x) increased from time to time as a result of the respective Lender furnishing Incremental Revolving Credit Commitment(s) after the Effective Date and/or (y) reduced from time to time pursuant to the terms of this Credit Agreement). If any Incremental Revolving Credit Commitments are provided after the Effective Date, the Administrative Agent is authorized to make such changes to Schedule I as are appropriate to reflect the revised Revolving Credit Commitments of the

The Commitments and Loans. SECTION 2.01 The Closing Date, 3rd Amendment Date Loans and 4th Amendment Loans. (a) Pursuant to the Existing Credit Agreement, certain banks and other financial institutions made term loans to the Borrower, the aggregate outstanding principal balance of which as of the Effective The Closing Date is $205,776,241.50. The Borrower acknowledges and agrees that (i) pursuant to the Bank Assignment Agreement, on the Effective Date, BofA and DBTCA purchased from the other banks and other financial institutions party to the Existing Credit Agreement the outstanding term loans made to the Borrower under the Existing Credit Agreement held by such banks and other financial institutions, (ii) such term loans purchased by BofA and DBTCA pursuant to the Bank Assignment Agreement and the term loans made by BofA and DBTCA to the Borrower under the Existing Credit Agreement and outstanding on the Effective Date, in an aggregate outstanding principal amount of $151,974,511.95, shall, subject to clause (iii) of the last sentence of Section 2.1(c), be deemed to constitute term loans made under this Credit Agreement on the Effective Date (each, a “Term Loan” and, collectively, the “Term Loans”), (iii) the Term Loans shall initially be maintained as a single Borrowing of Base Rate Loans (subject to the option to convert the Term Loans pursuant to Section 4.3) and (iv) a portion of the Term Loans shall be assigned by BofA and DBTCA to certain of the Lenders on the Effective Date pursuant to Section 2.12. Once repaid, Term Loans may not be reborrowed. The Borrower hereby agrees to execute and deliver to each Lender that requests same a Term Note in the form of Exhibit A-1 to evidence the Term Loans made by such Lender or otherwise owing to such Lender pursuant to the Bank Assignment Agreement or as provided in Section 11.6 of this Credit Agreement. (b) [intentionally omitted]. (ci) Subject to the terms and conditions set forth herein (including as set forth in this Credit Agreement, on and after the Initial Borrowing Date and to and excluding the Maturity DateArticle V), each Revolving Credit Lender severally severally, and not jointly, agrees to make revolving loans and advances Closing Date Loans to the Borrower hereunder Borrowers on the Closing Date, in a principal amount that (a) does not exceed such Lender’s Commitment in respect thereof and (b) will not cause such Lender’s share of the “Revolving Loans”). Subject Closing Date Loans to exceed the provisions total Commitments in respect thereof of this Credit Agreement, all Lenders. (ii) The Closing Date Loans shall be made by the Borrower may borrow, repay (without penalty, except for breakage costs under Section 4.5(b)) and re-borrow Revolving Loans, all Lenders ratably in accordance with their respective Commitments in respect thereof. The failure of any Lender to make the portion of the Closing Date Loans required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders to make Closing Date Loans are several and no Lender shall be responsible for any other Lender’s failure to make its share of the Loans as required. (b) The 3rd Amendment Date Loans. (i) Subject to the terms and conditions hereof. On set forth herein and immediately after in the occurrence 3rd Amendment, each Lender severally, and not jointly, agrees to make the 3rd Amendment Date Loans to the applicable Borrowers on the 3rd Amendment Date, in a principal amount that (a) does not exceed such Lender’s Commitment in respect thereof and (b) will not cause such Lender’s share of the Effective Date, 3rd Amendment Date Loans to exceed the Revolving Credit Commitment for each total Commitments in respect thereof of all Lenders. (ii) The 3rd Amendment Date Loans shall be made by the Lenders ratably in accordance with their respective Commitments in respect thereof. The failure of any Lender to make the portion of the 3rd Amendment Date Loans required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders to make the 3rd Amendment Date Loans are several and no Lender shall be the amount set forth opposite such responsible for any other Lender’s name in Schedule I hereto directly below the column entitled “Revolving Credit Commitment” (as same may be (x) increased from time failure to time as a result make its share of the respective Lender furnishing Incremental Revolving Credit Commitment(s) after the Effective Date and/or (y) reduced from time to time pursuant to the terms of this Credit Agreement). If any Incremental Revolving Credit Commitments are provided after the Effective Date, the Administrative Agent is authorized to make such changes to Schedule I Loans as are appropriate to reflect the revised Revolving Credit Commitments of therequired.

The Commitments and Loans. (a) Pursuant to the Existing Credit Agreement, certain banks and other financial institutions made term loans to the Borrower, the aggregate outstanding principal balance of which as of the Effective Date is $205,776,241.50. The Borrower acknowledges and agrees that (i) pursuant to the Bank Assignment Agreement, on the Effective Date, BofA and DBTCA purchased from the other banks and other financial institutions party to the Existing Credit Agreement the outstanding term loans made to the Borrower under the Existing Credit Agreement held by such banks and other financial institutions, (ii) such term loans purchased by BofA and DBTCA pursuant to the Bank Assignment Agreement and the term loans made by BofA and DBTCA to the Borrower under the Existing Credit Agreement and outstanding on the Effective Date, in an aggregate outstanding principal amount of $151,974,511.95, shall, subject to clause (iii) of the last sentence of Section 2.1(c), be deemed to constitute term loans made under this Credit Agreement on the Effective Date (each, a “Term Loan” and, collectively, the “Term Loans”), (iii) the Term Loans shall initially be maintained as a single Borrowing of Base Rate Loans (subject to the option to convert the Term Loans pursuant to Section 4.3) and (iv) a portion of the Term Loans shall be assigned by BofA and DBTCA to certain of the Lenders on the Effective Date pursuant to Section 2.12. Once repaid, Term Loans may not be reborrowed. The Borrower hereby agrees to execute and deliver to each Lender that requests same a Term Note in the form of Exhibit A-1 to evidence the Term Loans made by such Lender or otherwise owing to such Lender pursuant to the Bank Assignment Agreement or as provided in Section 11.6 of this Credit Agreement. (b) [intentionally omitted]. (c) Subject to the terms and conditions set forth herein and in this Credit Agreementthe DIP Order: (a) Each ▇▇▇▇▇▇ agrees, on severally and after the Initial Borrowing Date and not jointly, to and excluding the Maturity Date, each Revolving Credit Lender severally agrees to make revolving loans and advances make: (i) an initial term loan to the Borrower hereunder on the Closing Date (the “Revolving Interim A/B Term Loan”) in Dollars in an aggregate principal amount equal to its Applicable Percentage of $88,000,000 of Tranche A DIP Loans and its Applicable Percentage of the Tranche B DIP Loans”). Subject ; (ii) with respect to the provisions of this Credit AgreementTranche C DIP Loans, the Borrower may borrowDIP Agent, repay the Lenders and the Loan Parties each acknowledges and agrees that the Tranche C DIP Loans (the Tranche C DIP Loans together with the Interim A/B Term Loan, the “Interim Term Loan”) in an aggregate principal amount equal to its Applicable Percentage of $25,000,000 shall be deemed fully funded concurrently with the entry of the Interim Order (without penalty, except for breakage costs under Section 4.5(b)any notice of request by the Borrower) and re-borrow Revolving Loans, all in accordance with the terms of the Interim Order, and the Commitment of each Tranche C DIP Lender shall expire upon the deemed funding of the Tranche C DIP Loans on such applicable date; and (iii) upon the satisfaction (or waiver) of the terms and conditions hereofin Section 4.02 (the date on which such conditions are satisfied (or waived), the “Final Funding Date”), additional term loans (such additional term loans, the “Final Term Loan”) to the Borrower in Dollars in a principal amount equal to its Applicable Percentage of $9,000,000 made up of Tranche A DIP Loans. On The Interim Term Loan and immediately after the occurrence Final Term Loan are collectively referred to herein as the “Initial DIP Loans”. (b) Upon a Lender’s funding of the Effective Interim Term Loan on the Closing Date, the Revolving Credit such ▇▇▇▇▇▇’s Interim Term Loan Commitment for each Lender shall be the amount set forth opposite such permanently reduced to zero and shall terminate. Upon a Lender’s name funding of the Final Term Loan on the Final Funding Date, such ▇▇▇▇▇▇’s Final Term Loan Commitment shall be permanently reduced to zero and shall terminate. Upon the deemed funding of the Tranche C DIP Loans, certain receivables of the Tranche C DIP Lenders or its affiliates shall be reduced by the face value of such Tranche C DIP Lender’s Tranche C DIP Loans in Schedule I hereto directly below accordance with the column entitled “Revolving Credit Commitment” (as same may TSA or any relevant joinder thereto. Notwithstanding anything herein to the contrary, the Tranche C DIP. Loans shall be incurred by (x) increased the Borrower assuming the applicable Pre-Petition obligations from time to time as a result of the respective Lender furnishing Incremental Revolving Credit Commitment(s) after the Effective Date and/or ▇▇-▇▇▇ Stores, LLC followed by (y) reduced from time to time pursuant to the terms Borrower satisfying such applicable Pre-Petition obligations with an equivalent principal amount of this Credit Agreement). If any Incremental Revolving Credit Commitments are provided after the Effective Date, Tranche C DIP Loans. (c) Amounts repaid or prepaid in respect of the Administrative Agent is authorized to make such changes to Schedule I as are appropriate to reflect the revised Revolving Credit Commitments of theDIP Loans may not be reborrowed.