Common use of THE ORIGINAL CREDIT AGREEMENT Clause in Contracts

THE ORIGINAL CREDIT AGREEMENT. (a) Schedule 2.01 sets forth all outstanding amounts of principal Indebtedness in respect of Base Rate Loans and Eurodollar Rate Loans (each as defined in the Original Credit Agreement) and all issued and undrawn, or drawn and unreimbursed, Letters of Credit (as defined in the Original Credit Agreement) for each Existing Lender (the “Aggregate Outstanding Principal Amount”). There are no Swing Line Loans (as defined in the Original Credit Agreement) outstanding under the Original Credit Agreement as of the date of this Agreement. Notwithstanding anything to the contrary contained in the Original Credit Agreement, in order to effect the restructuring of the credit facility provided thereunder as contemplated by this Agreement, (a) all Loans (as defined in the Original Credit Agreement), whether Base Rate Loans or Eurodollar Rate Loans (each as defined in the Original Credit Agreement), will be deemed Base Rate Loans or Eurodollar Rate Loans, respectively (as applicable), on the Closing Date in accordance with this Agreement, including this Section 2.01, (b) all “Letters of Credit” under and as defined in the Original Credit Agreement will be deemed Letters of Credit in accordance with this Agreement, including this Section 2.01, and (iii) all accrued and unpaid interest, including all accrued and unpaid interest on the Aggregate Outstanding Principal Amount, and all accrued and incurred and unpaid fees, costs and expenses payable under the Original Credit Agreement, including all accrued and unpaid unused line fees under Section 2.10(a) of the Original Credit Agreement and letter of credit fees under Section 2.04(h) of the Original Credit Agreement, all applicable breakage fees under Section 3.05 of the Original Credit Agreement incurred in connection with the termination of the Interest Periods (as defined in the Original Credit Agreement) in respect of all outstanding Eurodollar Rate Loans (as defined in the Original Credit Agreement) on the Closing Date, regardless of whether such date is the last day of the applicable Interest Period (as defined in the Original Credit Agreement), and all fees and expenses outstanding under Section 10.04 of the Original Credit Agreement and other similar costs and expenses, will be due and payable on the Closing Date. The rates of interest chargeable on Loans (as defined in the Original Credit Agreement) outstanding as of the Closing Date will remain in effect through the day immediately preceding the Closing Date. The Borrowers covenant and agree that they will not, and represent and warrant that they have not, between the date of this Agreement and the Closing Date, requested any further Loans (including any Swing Line Loans) or requested the issuance of any additional Letters of Credit under (and as such terms are defined in) the Original Credit Agreement.

THE ORIGINAL CREDIT AGREEMENT. (a) Schedule 2.01 sets forth all outstanding amounts of principal Indebtedness in respect of Base Rate Loans and Eurodollar Rate LIBOR Loans (each as defined in the Original Credit Agreement) and all issued and undrawn, or drawn and unreimbursed, Letters of Credit (as defined in the Original Credit Agreement) for each Existing Lender (the “Aggregate Outstanding Principal Amount”). There are no Swing Line Loans (as defined in the Original Credit Agreement) outstanding under the Original Credit Agreement as of the date of this Agreement. Notwithstanding anything to the contrary contained in the Original Credit Agreement, in order to effect the restructuring of the credit facility provided thereunder as contemplated by this Agreement, (a) all Loans (as defined in the Original Credit Agreement), whether Base Rate Loans or Eurodollar Rate LIBOR Loans (each as defined in the Original Credit Agreement), will be deemed Base Rate Loans or Eurodollar Rate Loans, respectively (as applicable), on the Closing Date in accordance with this Agreement, including this Section 2.01, (b) all “Letters of Credit” under and as defined in the Original Credit Agreement will be deemed Letters of Credit in accordance with this Agreement, including this Section 2.01, and (iii) all accrued and unpaid interest, including all accrued and unpaid interest on the Aggregate Outstanding Principal Amount, and all accrued and incurred and unpaid fees, costs and expenses payable under the Original Credit Agreement, including all accrued and unpaid unused line fees under Section 2.10(a) 3.3.1 of the Original Credit Agreement and letter of credit fees under Section 2.04(h) 3.3.2 of the Original Credit Agreement, all applicable breakage fees under Section 3.05 3.2.4 of the Original Credit Agreement incurred in connection with the termination of the Interest Periods (as defined in the Original Credit Agreement) in respect of all outstanding Eurodollar Rate LIBOR Loans (as defined in the Original Credit Agreement) on the Closing Date, regardless of whether such date is the last day of the applicable Interest Period (as defined in the Original Credit Agreement), and all fees and expenses outstanding under Section 10.04 12.1 or Section 12.2 of the Original Credit Agreement and other similar costs and expenses, will be due and payable on the Closing Date. The rates of interest chargeable on Loans (as defined in the Original Credit Agreement) outstanding as of the Closing Date will remain in effect through the day immediately preceding the Closing Date. The Borrowers covenant and agree that they will not, and represent and warrant that they have not, between the date of this Agreement and the Closing Date, requested any further Loans (including any Swing Line Loans) or requested the issuance of any additional Letters of Credit under (and as such terms are defined in) the Original Credit Agreement.

THE ORIGINAL CREDIT AGREEMENT. (a) Schedule 2.01 sets forth all outstanding amounts of principal Indebtedness in respect of Base Rate Loans and Eurodollar Rate LIBOR Loans (each as defined in the Original Credit Agreement) and all issued and undrawn, or drawn and unreimbursed, Letters of Credit (as defined in the Original Credit Agreement) for each Existing Lender (the “Aggregate Outstanding Principal Amount”). There are no Swing Line Loans (as defined in the Original Credit Agreement) outstanding under the Original Credit Agreement as of the date of this Agreement. Notwithstanding anything to the contrary contained in the Original Credit Agreement, in order to effect the restructuring of the credit facility provided thereunder Original Credit Facility as contemplated by this Agreement, (a) all Loans (as defined in the Original Credit Agreement), whether Base Rate Loans or Eurodollar Rate LIBOR Loans (each as defined in the Original Credit Agreement), will be deemed Base Rate Loans or Eurodollar Rate Loans, respectively (as applicable), on the Closing Date in accordance with this Agreement, including this Section 2.01, (b) all “Letters of Credit” under and as defined in the Original Credit Agreement will be deemed Letters of Credit in accordance with this Agreement, including this Section 2.01, and (iii) all accrued and unpaid interest, including all accrued and unpaid interest on the Aggregate Outstanding Principal Amount, and all accrued and incurred and unpaid fees, costs and expenses payable under the Original Credit AgreementAgreement with respect to the Original Credit Facility, including all accrued and unpaid unused line fees under Section 2.10(a) 3.3.1 of the Original Credit Agreement and letter of credit fees under Section 2.04(h) 3.3.2 of the Original Credit Agreement, all applicable breakage fees under Section 3.05 3.2.4 of the Original Credit Agreement incurred in connection with the termination of the Interest Periods (as defined in the Original Credit Agreement) in respect of all outstanding Eurodollar Rate LIBOR Loans (as defined in the Original Credit Agreement) on the Closing Date, regardless of whether such date is the last day of the applicable Interest Period (as defined in the Original Credit Agreement), and all fees and expenses outstanding under Section 10.04 12.1 or Section 12.2 of the Original Credit Agreement and other similar costs and expenses, will be due and payable on the Closing Date. The rates of interest chargeable on Loans (as defined in the Original Credit Agreement) outstanding as of the Closing Date will remain in effect through the day immediately preceding the Closing Date. The Borrowers covenant and agree that they will not, and represent and warrant that they have not, between the date of this Agreement and the Closing Date, requested any further Loans (including any Swing Line Loans) or requested the issuance of any additional Letters of Credit under (and as such terms are defined in) the Original Credit Agreement.