Common use of The Commitments Clause in Contracts

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Loan Commitment severally agrees to make a term loan or term loans (each a “Term Loan” and, collectively, the “Term Loans”) to the Borrower, which Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to an Interest Period of one month which begins and ends on the same day, and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the Term Loan Commitment of such Lender on the Initial Borrowing Date. Once repaid, Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Loan Commitment severally agrees to make a term loan or term loans (each a “"Term Loan” " and, collectively, the “"Term Loans”") to the Borrower, which Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Eurodollar Loans so long as all such outstanding LIBOR Eurodollar Loans, together with all other outstanding Term Revolving Loans that are maintained as LIBOR Eurodollar Loans, are subject to an Interest Period of one month which begins and ends on the same day, with the first such Interest Period to begin no sooner than three Business Days after the Initial Borrowing Date, and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the Term Loan Commitment of such Lender on the Initial Borrowing Date. Once repaid, Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Loan Commitment Bank severally agrees agrees, at any time and from time to time on and after the Restatement Effective Date and prior to the Final Maturity Date, to make a term revolving loan or term revolving loans (each each, a “Term "Revolving Loan” " and, collectively, the “Term "Revolving Loans”") to the BorrowerCompany, which Term Revolving Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the BorrowerCompany, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Rate Loans, ; provided that (Ax) except as otherwise specifically provided in Section 1.10(b), all Term Revolving Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans Type and (y) thereafter no more than two Borrowings of Eurodollar Rate Loans (the first of which Borrowings must be made on, or within five Business Days after, the Restatement Effective Date and prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to must have an Interest Period of one month month, and the second of which begins and ends Borrowings may only be incurred on the same last day of the first Interest Period referenced above in this parenthetical and must also have an Interest Period of one month) may be incurred prior to the earlier of (1) the 60th day after the Restatement Effective Date or, if on such 60th day a Borrowing of Eurodollar Loans remains outstanding which has an Interest Period which extends beyond such 60th day, the last day of such Interest Period, and (2) that date (the "Syndication Date") upon which the Administrative Agent determines in its sole discretion (and notifies the Company) that the primary syndication (and the resultant addition of institutions as Banks pursuant to Section 13.04) has been completed, (ii) may be repaid and reborrowed in accordance with the provisions hereof, (iii) shall not exceed for any Bank at any time outstanding that aggregate principal amount which, when added to the product of (x) such Bank's Adjusted Percentage and (y) the sum of (A) all Letter of Credit Outstandings (exclusive of Unpaid Drawings which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) at such time and (B) the aggregate principal amount of all Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then outstanding, equals the Commitment of such Bank at such time, and (iv) shall be made by each such Lender in not exceed for all Banks at any time outstanding that aggregate principal amount which, when added to (x) the amount of all Letter of Credit Outstandings (exclusive of Unpaid Drawings which does not exceed are repaid with the Term Loan proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) at such time and (y) the aggregate principal amount of all Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then outstanding, exceeds an amount equal to the Total Commitment of at such Lender on the Initial Borrowing Date. Once repaid, Term Loans incurred hereunder may not be reborrowedtime.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Bank severally agrees, (A) in the case of each Continuing Bank, to convert into Revolving Loans, on the Restatement Effective Date, Existing Revolving Loans made by such Continuing Bank to the Borrower pursuant to the Existing Credit Agreement and outstanding on the Restatement Effective Date in an aggregate principal amount equal to the amount set forth on Schedule I and/or (B) at any time and from time to time on and after the Restatement Effective Date and prior to the Revolving Loan Commitment severally agrees Maturity Date, to make a term revolving loan or term revolving loans (each each, a “Term "Revolving Loan” ", and, collectively, the “Term "Revolving Loans”") to the Borrower, which Term Revolving Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that that, (Ax) except as otherwise specifically provided in Section 1.10(b), all Term Revolving Loans comprising the same Borrowing shall at all times be of the same Type, and (By) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall any given time, no longer more than one Borrowing of Eurodollar Loans may be applicable), (x) incurred prior to the third Business Day after the Initial March 1, 2000 (which Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to have an Interest Period of one month which begins or two weeks as selected by the Borrower, provided however, in the event the Borrower has elected to convert any Borrowing of Base Rate Loans into Eurodollar Loans, then no additional Borrowings of Eurodollar Loans under this Section 1.01 shall be permitted), (ii) may be repaid and ends on reborrowed in accordance with the same day, provisions hereof and (iviii) shall be made by not exceed for any Bank at any time outstanding (which, in the case of each such Lender in Continuing Bank, shall include the principal amount of Existing Revolving Loans converted pursuant to clause (A) above) that aggregate principal amount which does not exceed equals the Term Revolving Loan Commitment of such Lender on the Initial Borrowing Date. Once repaid, Term Loans incurred hereunder may not be reborrowedBank at such time.

The Commitments. (a) Subject to and upon the terms and --------------- conditions set forth herein, each Lender Bank with a Term Loan Commitment severally agrees to make make, on the Initial Borrowing Date and on the DVI Payment Date (so long as the DVI Payment Date occurs prior to the Term Loan Commitment Termination Date), a term loan or term loans (each each, a “"Term Loan” " and, collectively, the “"Term Loans”") to the Borrower, which Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, ; provided that (Ax) except as otherwise specifically provided in -------- Section 1.10(b), all Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans Type and (y) thereafter and no Eurodollar Loans may be incurred prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to an Interest Period of one month which begins and ends on the same day, Syndication Termination Date and (ivii) shall be made by each such Lender not exceed for any Bank, in that initial aggregate principal amount, that amount which does not exceed equals the Term Loan Commitment of such Lender Bank on such date (before giving effect to any reductions thereto on such date pursuant to Section 3.03(b)(i), 3.03(b)(iii) and 3.03(b)(v) but after giving effect to any reductions thereto on or prior to such date pursuant to Section 3.03(b)(ii) and 3.03(b)(iv)) less such Bank's Term Loan Commitment Percentage of the Blocked Commitment; provided, -------- however that Term Loans made after the Initial Borrowing DateDate shall be made from ------- the Blocked Commitment for each Bank and shall be in an amount equal to such Bank's Term Loan Commitment Percentage of the Blocked Commitment. Once repaid, Term Loans incurred hereunder may not be reborrowed. In addition, on the Restatement Effective Date, the Borrower and Banque Paribas agree that $2 million of the Acquisition Loans which had been made pursuant to the Original Credit Agreement prior to the Restatement Effective Date shall be deemed automatically converted into an additional Borrowing of Term Loans.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a B Term Loan Commitment severally agrees to make a term loan or term loans (each each, a “B Term Loan” and, collectively, the “B Term Loans”) to the U.S. Borrower, which B Term Loans (i) shall be incurred by the U.S. Borrower pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in U.S. Dollars, (iii) except as hereinafter provided, shall, at the option of the U.S. Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all B Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has reasonably determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, B Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Eurodollar Loans only so long as all such outstanding LIBOR Eurodollar Loans, together with all other outstanding Term Revolving Loans that are maintained as LIBOR Eurodollar Loans, are subject to an Interest Period of one month which begins and ends on the same day, and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the B Term Loan Commitment of such Lender on the Initial Borrowing DateDate (before giving effect to the termination thereof pursuant to Section 3.03(b)). Once repaid, B Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Loan Commitment Bank severally agrees agrees, at any time and from time to time on and after the Initial Borrowing Date and prior to the Final Maturity Date, to make a term revolving loan or term revolving loans (each each, a “Term "Revolving Loan” " and, collectively, the “Term "Revolving Loans”") to the Borrower, which Term Revolving Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that that, (Ax) except as otherwise specifically provided in Section 1.10(b), all Term Revolving Loans comprising the same Borrowing shall at all times be of the same Type, Type and (By) unless either the Administrative Agent otherwise agrees in its sole discretion or has reasonably determined that the Syndication Date has occurred (at which time this clause (By) shall no longer be applicable), (x) prior no more than three Borrowings of Revolving Loans to the third Business Day after the Initial Borrowing Date, Term be maintained as Eurodollar Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing DateDate (or, Term if later, the last day of the third Interest Period referenced below), each of which Borrowings of Eurodollar Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to have an Interest Period of one month (the first of which begins and ends Borrowings may only be made on, or within five Business Days after, the Initial Borrowing Date, the second of which Borrowings may only be made on the same daylast day of the Interest Period of the first such Borrowing and the third of which Borrowings may only be made on the last day of the Interest Period of the second such Borrowing), (ii) may be repaid and reborrowed in accordance with the provisions hereof, (iii) shall not exceed for any Bank at any time outstanding that aggregate principal amount which, when added to the product of (x) such Bank's Adjusted Percentage at such time and (y) the sum of (I) the aggregate amount of all Letter of Credit Outstandings (exclusive of Unpaid Drawings which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) at such time and (II) the aggregate principal amount of all Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then outstanding, equals the Commitment of such Bank at such time, and (iv) shall be made by each such Lender in not exceed for all Banks at any time outstanding that aggregate principal amount which, when added to (x) the aggregate amount of all Letter of Credit Outstandings (exclusive of Unpaid Drawings which does not exceed are repaid with the Term Loan proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) at such time and (y) the aggregate principal amount of all Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then outstanding, equals the Total Commitment of at such Lender on the Initial Borrowing Date. Once repaid, Term Loans incurred hereunder may not be reborrowedtime.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Tranche A Term Loan Commitment severally agrees to make a term loan or term loans (each a “"Tranche A Term Loan” " and, collectively, the “"Tranche A Term Loans”") to the Borrower, which Tranche A Term Loans (i) shall only may be incurred pursuant to a single drawing by the Borrower on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that that, (A) except as otherwise specifically provided in Section 1.10(b), all Tranche A Term Loans comprising the same Borrowing shall at all times be of the same Type, Type and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) on or prior to the third Business Day after the Initial Borrowing DateJuly 30, 1999, all Tranche A Term Loans may only shall be incurred and maintained as Base Rate Loans and (y) thereafter and thereafter, no more than three Borrowings of Tranche A Term Loans to be maintained as Eurodollar Loans may be incurred prior to the 90th 28th day following after the Initial Borrowing Date, Term Date (each of which Borrowings of Eurodollar Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to have an Interest Period of one month seven days, and the first of which begins Borrowings may only be made on or before August 6, 1999, and ends with each such Borrowing made thereafter to be made only on the same daylast day of the Interest Period of the immediately preceding Borrowing), and (iviii) shall be made by each such Lender in that aggregate principal amount which does not exceed the Tranche A Term Loan Commitment of such Lender on the Initial Borrowing DateDate (before giving effect to the termination thereof on such date pursuant to Section 3.03(b)). Once repaid, Tranche A Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and --------------- conditions set forth herein, each Lender with a an A Term Loan Commitment severally agrees to make a term loan or term loans (each a “an "A Term Loan” " and, collectively, the “"A Term Loans”") to the Borrower, which A Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that that, (A) except as -------- otherwise specifically provided in Section 1.10(b), all A Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent has otherwise agrees determined in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, A Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Eurodollar Loans so long as all such outstanding LIBOR Eurodollar Loans, together with all other outstanding B Term Loans that are maintained as LIBOR Eurodollar Loans and all outstanding Revolving Loans that are maintained as Euro Rate Loans, are subject to an Interest Period of one month which begins and ends on the same day, and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the A Term Loan Commitment of such Lender on the Initial Borrowing Date. Once repaid, A Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth hereinherein (including Section 1.14), each Lender with a B Term Loan Commitment severally agrees that it shall be deemed to make have made, on the Escrow Release Date (if same occurs before the Deadline as set forth in the Escrow Agreement), a term loan or term loans (each a “"B Term Loan” " and, collectively, the “"B Term Loans”") to the BorrowerBorrower in an amount equal to such B Term Loan Lender's B Term Loan Percentage of the aggregate amount of funds deposited in the Escrow Account on the Escrow Deposit Date as contemplated by Section 1.14, which B Term Loans (i) shall be incurred by the Borrower pursuant to a single drawing incurrence on the Initial Borrowing DateEscrow Release Date for the purposes described in Section 7.08(a), (ii) shall be denominated in U.S. Dollars, (iii) except as hereinafter hereafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all B Term Loans comprising the same Borrowing shall at all times be of the same Type, Type and (B) unless either the Administrative Agent Agents otherwise agrees agree in its their respective sole discretion or has the Agents have determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Escrow Deposit Date, B Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter thereafter, and prior to until the 90th day following after the Initial Borrowing Escrow Deposit Date, B Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans Eurodollar Loans, so long as all such outstanding LIBOR Eurodollar Loans, together with all other outstanding Term Revolving Loans that are maintained as LIBOR Eurodollar Loans, are subject to an Interest Period of one month which begins and ends on the same day, day and (iv) shall be made by each such Lender in not exceed for any Lender, that aggregate principal amount which does not exceed equals the B Term Loan Commitment of such Lender as in effect on the Escrow Release Date. Notwithstanding anything to the contrary contained above, if the Borrower has selected a one month Interest Period for the determination of interest pursuant to Section 7 of the Escrow Agreement which Interest Period, in accordance with its terms, will expire after the Initial Borrowing Date, then all B Term Loans incurred on the Initial Borrowing DateDate shall be Eurodollar Loans with an Interest Period which terminates on the last day of the Interest Period so selected, and then in existence, pursuant to the Escrow Agreement until the termination thereof (with the applicable Eurodollar Rate as determined for such Interest Period for purposes of the Escrow Agreement to continue to be applicable until the end of such Interest Period, while the pricing shall otherwise be determined in accordance with the relevant requirements of this Agreement). Once repaid, B Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender Bank with a Term Loan Commitment severally agrees to make a term loan or term loans (each a “"Term Loan” " and, collectively, the “"Term Loans”") to the Borrower, which Term Loans (i) shall only may be incurred pursuant to a single drawing by the Borrower on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all Term Loans comprising the same Borrowing shall at all times be of the same Type, Type and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined (and has notified the Borrower) that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) no more than three Borrowings of Term Loans to be maintained as Eurodollar Loans may be incurred prior to the third 90th day after the Effective Date (each of which Borrowings of Eurodollar Loans may only have an Interest Period of one month, and the first of which Borrowings may only be made on the Initial Borrowing Date or on or prior to the sixth Business Day after the Initial Borrowing Date, Term Loans the second of which Borrowings may only be incurred made on the last day of the Interest Period of the first such Borrowing and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans third of which Borrowings may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to an made on the last day of the Interest Period of one month which begins and ends on the same day, second such Borrowing) and (iviii) shall be made by each such Lender Bank in that aggregate principal amount which does not exceed the Term Loan Commitment of such Lender Bank on the Initial Borrowing DateDate (before giving effect to the termination thereof on such date pursuant to Section 3.03(b)(ii)). Once repaid, Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a an A Term Loan Commitment severally agrees to make a term loan or term loans (each a “each, an "A Term Loan” " and, collectively, the “"A Term Loans”") to the Borrower, which A Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all A Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, A Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Eurodollar Loans so long as all such outstanding LIBOR Eurodollar Loans, together with all other outstanding B Term Loans and Revolving Loans that are maintained as LIBOR Eurodollar Loans, are subject to an Interest Period of one month which begins and ends on the same day, and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the A Term Loan Commitment of such Lender on the Initial Borrowing DateDate (before giving effect to the termination thereof pursuant to Section 3.03(b)). Once repaid, A Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Loan Commitment severally agrees to make a term loan or term loans (each a “"Term Loan” " and, collectively, the “"Term Loans”") to the Borrower, which Term Loans (i) shall only may be incurred pursuant to a single drawing by the Borrower on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that provived that, (A) except as otherwise specifically provided in Section 1.10(b), all Term Loans comprising the same Borrowing shall at all times be of the same Type, Type and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th 14th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Eurodollar Loans so long as all such outstanding LIBOR Eurodollar Loans, together with all other outstanding Term Revolving Loans that are maintained as LIBOR Eurodollar Loans, are subject to an Interest Period of one month week which begins and ends on the same day, and (iviii) shall be made by each such Lender in that aggregate principal amount which does not exceed the Term Loan Commitment of such Lender on the Initial Borrowing DateDate (before giving effect to the termination thereof on such date pursuant to Section 3.03(b)). Once repaid, Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a an A Term Loan Commitment severally agrees to make make, on the Initial Borrowing Date, a term loan or term loans (each a “an "A Term Loan” " and, collectively, the “"A Term Loans”") to the Borrower, which A Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all A Term Loans comprising the same Borrowing shall at all times be of the same Type, Type and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that until the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, A Term Loans may only be incurred and maintained as Base Rate Loans and or, if Interest Periods of one week are available in accordance with the relevant provisions of Section 1.09, Eurodollar Loans with one-week Interest Periods, (yii) thereafter and prior shall be incurred pursuant to the 90th day following a single drawing on the Initial Borrowing Date, Term Loans may only (iii) shall be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to an Interest Period of one month which begins and ends on the same day, denominated in Dollars and (iv) shall be made by each such Lender in not exceed (A) for any Lender, that aggregate principal amount which does not exceed equals the A Term Loan Commitment of such Lender as in effect on the Initial Borrowing DateDate (after giving effect to any termination thereof pursuant to Section 3.03(a), but before giving effect to the termination thereof on such date pursuant to Section 3.03(b)) and (B) for all Lenders, the Total A Term Loan Commitment as in effect on the Initial Borrowing Date (after giving effect to any termination thereof pursuant to Section 3.03(a), but before giving effect to the termination thereof on such date pursuant to Section 3.03(b)). Once repaid, A Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Loan Commitment Bank severally agrees agrees, at any time and from time to time on and after the Second Restatement Effective Date and prior to the Maturity Date, to make a term revolving loan or term revolving loans (each each, a “Term "Revolving Loan” " and, collectively, the “Term "Revolving Loans”") to the BorrowerBorrowers, which Term Revolving Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the BorrowerBorrowers, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all Term Revolving Loans comprising the same Borrowing shall at all times be of the same Type, Type and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer more than one Borrowing of Revolving Loans to be applicable), (x) maintained as Eurodollar Loans may be incurred prior to the third Business Day 30th day after the Initial Second Restatement Effective Date (which Borrowing Date, Term of Eurodollar Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to have an Interest Period of one month which begins month, and ends may only be made on the same daySecond Restatement Effective Date), (ii) may be repaid and reborrowed in accordance with the provisions hereof, (iii) shall not exceed for any Bank at any time outstanding that aggregate principal amount which, when added to the product of (x) such Bank's Adjusted Percentage and (y) the sum of (I) the aggregate amount of all Letter of Credit Out- standings (exclusive of Unpaid Drawings which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) at such time and (II) the aggregate principal amount of all Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then outstanding, equals the Revolving Loan Commitment of such Bank at such time, (iv) shall be made by each such Lender in not exceed for all Banks at any time outstanding that aggregate principal amount which, when added to (x) the aggregate amount of all Letter of Credit Outstandings (exclusive of Unpaid Drawings which does are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) at such time and (y) the aggregate principal amount of all Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then outstanding, equals the Total Revolving Loan Commitment at such time, (v) shall not exceed the Term Loan Commitment of such Lender in aggregate principal amount on the Initial Borrowing Second Restatement Effective Date. Once repaid, Term when added to the aggregate principal amount of Swingline Loans incurred hereunder may not on such date, an amount equal to $400,000,000 and (vi) shall be reborrowedthe joint and several obligations of each of the Borrowers.

The Commitments. (a) Subject to and upon the terms and --------------- conditions set forth herein, each Lender with a Term Loan Commitment Bank severally agrees agrees, at any time and from time to time on and after the Effective Date and prior to the Maturity Date, to make a term revolving loan or term revolving loans (each each, a “Term "Revolving Loan” " and, collectively, the “Term "Revolving Loans”") to the Borrower, which Term Revolving Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that that, (A) except as otherwise specifically provided in Section 1.10(b), -------- all Term Revolving Loans comprising the same Borrowing shall at all times be of the same Type, Type and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer more than three Borrowings of Revolving Loans maintained as Eurodollar Loans may be applicable), (x) incurred prior to the third Business Day earlier of (1) the 90th day after the Initial Borrowing Effective Date or, if an Interest Period relating to any then outstanding Revolving Loans beginning before such 90th day extends thereafter, the last day of such Interest Period, and (2) the date (the "Syndication Date, Term ") upon which the Agents shall have determined in their sole discretion (and shall have notified the Borrower) that the primary syndication (and resultant addition of institutions as Banks pursuant to Section 13.04(b)) has been completed (each of which Borrowings of Eurodollar Loans may only be incurred have an Interest Period of one month, and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans first of which Borrowings may only be incurred and maintained as, and/or converted into, LIBOR Loans so long made on the same day as all such outstanding LIBOR Loans, together with all other outstanding Term the first day of the first Interest Period of the Revolving Loans that are maintained as LIBOR Eurodollar Loans, are subject to an Interest Period and the second and third of one month which begins and ends Borrowings may only be made on the same daylast day of the immediately preceding Interest Period), (ii) may be repaid and reborrowed at any time in accordance with the provisions hereof, (iii) shall not exceed for any such Bank at any time outstanding that aggregate principal amount which, when added to the product of (A) such Bank's Percentage and (B) the sum of (I) the aggregate amount of all Letter of Credit Outstandings (exclusive of Unpaid Drawings which are repaid with the proceeds of, and simultaneously with the incur rence of, the respective incurrence of Revolving Loans) at such time and (II) the aggregate principal amount of all Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then outstanding, equals the Commitment of such Bank at such time and (iv) shall be made by each such Lender in not exceed for all Banks at any time outstanding that aggregate principal amount which, when added to (I) the aggregate amount of all Letter of Credit Outstandings (exclusive of Unpaid Drawings which does not exceed are repaid with the Term Loan proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) at such time and (II) the aggregate principal amount of all Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then outstanding, equals the Total Commitment of at such Lender on the Initial Borrowing Date. Once repaid, Term Loans incurred hereunder may not be reborrowedtime.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Loan Commitment severally agrees to make a term loan or term loans (each a “"Term Loan” " and, collectively, the “"Term Loans”") to the Borrower, which Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that PROVIDED that, (A) except as otherwise specifically provided in Section 1.10(b), all Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Eurodollar Loans so long as all such outstanding LIBOR Eurodollar Loans, together with all other outstanding Term Revolving Loans that are maintained as LIBOR Eurodollar Loans, are subject to an Interest Period of one month which begins and ends on the same day, and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the Term Loan Commitment of such Lender on the Initial Borrowing Date. Once repaid, Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Loan Commitment severally agrees to make a term loan or term loans (each each, a “Term Loan” and, collectively, the “Term Loans”) to the Borrower, which Term Loans Loans: (i) shall may only be incurred pursuant to a two single drawing drawings each made by the Borrower on or after the Initial Borrowing DateDelivery Date of the applicable Term Loan Vessel, which shall occur in each case on or after the Closing Date and prior to the Term Loan Commitment Termination Date for such Term Loan Vessel, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all Term Loans comprising the same Borrowing each drawing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to an Interest Period of one month which begins and ends on the same daynot exceed $16,500,000, and (iv) shall be made by each such Lender in that an aggregate principal amount which does not exceed the Term Loan Commitment of such Lender on the Initial Borrowing relevant Delivery Date, provided that any Term Loans shall be used by the Borrower in accordance with Section 6.10(a) of this Agreement. Once repaid, Term Loans incurred hereunder may not be reborrowed. Notwithstanding the foregoing or anything to the contrary contained in Section 5.03, a Term Loan may be made to fund amounts due on the Delivery Date of each Term Loan Vessel under the relevant Shipbuilding Contract before the conditions precedent set forth in subsections (b),(c), (d), (e) and (h) of Section 5.03 are satisfied, provided that arrangements have been made, satisfactory to the Administrative Agent, that such conditions will be met immediately upon delivery of the relevant Term Loan Vessel and, provided, further, that in any such circumstance, the Administrative Agent shall (A) on the applicable Borrowing Date, preposition an amount equal to the aggregate principal amount of the applicable Term Loan at a bank or other financial institution (the “Builder’s Bank”) satisfactory to the Administrative Agent (on behalf of the Lenders), which funds shall be held at the Builder’s Bank in the name and under the joint control of the Administrative Agent and the Borrower or relevant Subsidiary Guarantor and (B) issue a SWIFT MT 199 or other similar communication (each such communication, a “Disbursement Authorization”) authorizing the release of such funds by the Builder’s Bank on the relevant Delivery Date provided that each of the conditions precedent set forth in Section 5.03 (other than the conditions precedent set forth subsections (b),(c), (d), (e) and (h) of such Section 5.03) are satisfied in form and substance satisfactory to the Administrative Agents (on behalf of Lenders), including but not limited to a protocol of delivery and acceptance duly executed by the relevant Subsidiary Guarantor and the Builder, countersigned by a representative of the Administrative Agent; and provided further, that if the Delivery Date of the relevant Term Loan Vessel does not occur within fifteen (15) Business Days following the relevant Borrowing Date, the funds held at the Builder’s Bank shall (at the Borrower’s expense) be returned to the Administrative Agent for further distribution to the Lenders; and provided further, that notwithstanding any other provision set forth in this Agreement, in the event that a Term Loan has been prepositioned in accordance with the terms of this Section 2.01, the duration of the first Interest Period applicable to the relevant Term Loan shall be one (1) month, which Interest Period shall terminate upon the applicable Delivery Date (as provided in Section 2.07 hereof) and thereafter shall revert to the duration of each Interest Period elected by the Borrower’s in accordance with such Section 2.07.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender Bank with a Tranche A Term Loan Commitment severally agrees to make a term loan or term loans (each a “"Tranche A Term Loan” " and, collectively, the “"Tranche A Term Loans”") to the Borrower, which Tranche A Term Loans (i) shall only may be incurred pursuant to a single drawing by the Borrower (x) on the Initial Borrowing Date and (y) on the Second Term Loan Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all Tranche A Term Loans comprising the same Borrowing shall at all times be of the same Type, Type and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer more than three Borrowings of Tranche A Term Loans maintained as Eurodollar Loans may be applicable), (x) incurred prior to the third Business Day earlier of (1) the 90th day after the Initial Borrowing Date or, if an Interest Period relating to any then outstanding Tranche A Term Loans beginning before such 90th day extends thereafter, the last day of such Interest Period, and (2) that date (the "Syndication Date, Term ") upon which the Agents shall have determined in their sole discretion (and shall have notified the Borrower) that the primary syndication (and resultant addition of institutions as Banks pursuant to Section 13.04(b)) has been completed (each of which Borrowings of Eurodollar Loans may only have an Interest Period of one month, and the first of which Borrowings may only be incurred made on a single date on or after the Initial Borrowing Date and maintained as Base Rate Loans and (y) thereafter and on or prior to the 90th day sixth Business Day following the Initial Borrowing Date, Term Loans and the second and third of which Borrowings may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to an Interest Period of one month which begins and ends made on the same day, and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the Term Loan Commitment of such Lender on the Initial Borrowing Date. Once repaid, Term Loans incurred hereunder may not be reborrowed.last day of

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a an A Term Loan Commitment severally agrees to make a term loan or term loans (each a each, an “A Term Loan” and, collectively, the “A Term Loans”) to the Borrower, which A Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Restatement Effective Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b2.10(b), all A Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion has agreed or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, no more than three Borrowings of A Term Loans to be maintained as Eurodollar Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following after the Initial Restatement Effective Date (or, if later, the last day of the Interest Period applicable to the third Borrowing Dateof Eurodollar Loans referred to below), Term each of which Borrowings of Eurodollar Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to have an Interest Period of one month month, and the first of which begins and ends Borrowings may only be made on, or within five Business Days after, the Restatement Effective Date, the second of which Borrowings may only be made on the same daylast day of the Interest Period of the first such Borrowing and the third of which Borrowings may only be made on the last day of the Interest Period of the second such Borrowing, and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the A Term Loan Commitment of such Lender on the Initial Borrowing Restatement Effective Date. Once repaid, A Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Loan Commitment severally agrees to make a term loan or term loans (each each, a “Term Loan” and, collectively, the “Term Loans”) to the Borrower, which Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing DateDate in an aggregate principal amount of not less than $100,000,000, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b)2.10(b) and subject to Section 2.06, all Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) no more than two Borrowings of Term Loans to be maintained as Eurodollar Loans may be incurred prior to the third Business Day 60th day after the Initial Borrowing DateDate (or, Term if later, the last day of the Interest Period applicable to the second Borrowing of Eurodollar Loans referred to below), each of which Borrowings of Eurodollar Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to have an Interest Period of one month month, and the first of which begins Borrowings may be made no earlier than the third Business Day, and ends no later than the seventh Business Day, after the Borrowing Date and the second of which Borrowings may only be made on the same day, last day of the Interest Period of the first such Borrowing and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the Term Loan Commitment of such Lender on the Initial Borrowing Date. Once repaid, Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a an Initial Term Loan Commitment severally agrees to make a term loan or term loans (each a each, an “Initial Term Loan” and, collectively, the “Initial Term Loans”) to the Borrower, which Initial Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that that, (A) except as otherwise specifically provided in Section 1.10(b), all Initial Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion has agreed or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) no more than one Borrowing of Initial Term Loans to be maintained as Eurodollar Loans may be incurred prior to the third Business Day 30th day after the Initial Borrowing Date, Term which Borrowing of Eurodollar Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Loans that are maintained as LIBOR Loans, are subject to have an Interest Period of one month and which begins and ends on may only be made within five Business Days after the same dayInitial Borrowing Date, and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the Initial Term Loan Commitment of such Lender on the Initial Borrowing Date. Once repaid, Initial Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Loan Commitment severally agrees to make a term loan or term loans (each a “"Term Loan” " and, collectively, the “"Term Loans”") to the BorrowerBorrower in an amount equal to such Lender's Term Loan Percentage, which Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent otherwise agrees in its sole discretion or has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Eurodollar Loans so long as all such outstanding LIBOR Loans, together with all other outstanding Term Eurodollar Loans that are maintained as LIBOR Loans, are subject to an Interest Period of one month which begins and ends on the same dayday with the first such Interest Period to begin no sooner than three Business Days after the Initial Borrowing Date, and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the Term Loan Commitment of such Lender on the Initial Borrowing Date. Once repaid, Term Loans incurred hereunder may not be reborrowed.

The Commitments. (a) Subject to and upon the terms and conditions set forth herein, each Lender with a Term Loan Commitment severally agrees to make a term loan or term loans (each a “"Term Loan” " and, collectively, the “"Term Loans”") to the Borrower, which Term Loans (i) shall be incurred pursuant to a single drawing on the Initial Borrowing Date, (ii) shall be denominated in Dollars, (iii) except as hereinafter provided, shall, at the option of the Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or LIBOR Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all Term Loans comprising the same Borrowing shall at all times be of the same Type, and (B) unless either the Administrative Agent Agents otherwise agrees agree in its their sole discretion or has have determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), (x) prior to the third Business Day after the Initial Borrowing Date, Term Loans may only be incurred and maintained as Base Rate Loans and (y) thereafter and prior to the 90th day following the Initial Borrowing Date, Term Loans may only be incurred and maintained as, and/or converted into, LIBOR Eurodollar Loans so long as all such outstanding LIBOR Eurodollar Loans, together with all other outstanding Term Revolving Loans that are maintained as LIBOR Eurodollar Loans, are subject to an Interest Period of one month which begins and ends on the same day, with the first such Interest Period to begin no sooner than three Business Days after the Initial Borrowing Date, and (iv) shall be made by each such Lender in that aggregate principal amount which does not exceed the Term Loan Commitment of such Lender on the Initial Borrowing Date. Once repaid, Term Loans incurred hereunder may not be reborrowed.