Common use of The Term B Borrowing Clause in Contracts

The Term B Borrowing. (i) Subject to the terms and conditions set forth herein, each Term B Lender severally agrees to make a single loan to the Borrower on the Effective Date in an amount not to exceed such Term B Lender’s Term B Commitment. The Term B Borrowing shall consist of Term B Loans made simultaneously by the Term B Lenders in accordance with their respective Term B Commitments. Amounts borrowed under this Section 2.01(b) and subsequently repaid or prepaid may not be reborrowed. Term B Loans may be Base Rate Loans or Eurodollar Rate Loans as further provided herein. (ii) Notwithstanding anything in this Agreement to the contrary, upon the effectiveness of this Agreement: (A) Each Extending Term B Lender shall be deemed, automatically and without further act by any Person, to have converted its Existing Term B Loans into Term B Loans in the amount of the lesser of (x) its Term B Commitment and (y) the aggregate outstanding principal amount of its Existing Term B Loans, and such conversion shall be deemed, automatically and without further act by any Person, to constitute (1) a Borrowing by the Borrower of Term B Loans pursuant to this Section 2.01(b) and Section 2.02 and (2) a prepayment of Existing Term B Loans pursuant to Section 2.05(a)(i) of the Existing Credit Agreement, in each case in such amount; (B) Each Extending Term B Lender that provides a Term B Commitment in an amount that is greater than the aggregate outstanding principal amount of its Existing Term B Loans severally agrees to make Term B Loans to the Borrower on the Effective Date in accordance with Section 2.02, in an amount not to exceed such excess; (C) Each Term B Lender that is not an Extending Term B Lender severally agrees to make Term B Loans to the Borrower on the Effective Date in accordance with Section 2.02, in an amount not to exceed its Term B Commitment; (D) The initial Interest Periods in respect of the Term B Loans (including any Existing Term B Loans that are converted into the Term B Loans pursuant to Section 2.01(b)(ii)(A)) shall be as set forth in a Committed Loan Notice delivered by the Borrower to the Administrative Agent in accordance with Section 2.02. (E) Each Extending Term B Lender agrees that neither the provisions of Section 3.05 of the Existing Credit Agreement nor the provisions of Section 3.05 of this Agreement shall apply to (x) the conversion of the Existing Term B Loans held by such Extending Term B Lender into Term B Loans pursuant to this Section 2.01(b)(ii) or (y) the repayment of the Existing Term B Loans held by such Extending Term B Lender pursuant to Section 4.01 and subsequent purchase of Term B Loans by such Extending Term B Lender within 30 days following the Effective Date.

The Term B Borrowing. (i) Subject to the terms and conditions set forth herein, each Term B Lender severally agrees to make a single loan to the Borrower on the Restatement Effective Date in an aggregate amount not equal to exceed such Term B Lender’s Term B Commitment. The Each Term B Borrowing shall consist of Term B Loans made simultaneously by the Term B Lenders in accordance with their respective Applicable Percentage of the Term B Commitments. Amounts borrowed under this Section 2.01(b) and subsequently repaid or prepaid may not be reborrowed. Term B Loans may be Base Rate Loans or Eurodollar Rate Loans Loans, as further provided herein. (ii) Notwithstanding anything the foregoing, any Cashless Option Lender (as defined in this Agreement and in accordance with Amendment No. 2) shall not have to make a loan on the contrary, upon the effectiveness of this Agreement: (A) Each Extending Term B Lender Restatement Effective Date but shall be deemed, automatically and without further act by any Person, deemed to have converted its Existing Term B Loans into Term B Loans in the amount of the lesser of (x) rolled over its Term B Commitment and Loan (y) the aggregate outstanding principal amount of its Existing Term B Loans, and such conversion shall be deemed, automatically and without further act by any Person, to constitute (1) a Borrowing by the Borrower of Term B Loans pursuant to this Section 2.01(b) and Section 2.02 and (2) a prepayment of Existing Term B Loans pursuant to Section 2.05(a)(i) of as defined in the Existing Credit Agreement, in each case in such amount; (B) Each Extending Term B Lender that provides a Term B Commitment in an amount that is greater than the aggregate outstanding principal amount of its Existing Term B Loans severally agrees to make Term B Loans to the Borrower on the Effective Date in accordance with Section 2.02, in an amount not to exceed such excess; (C) Each Term B Lender that is not an Extending Term B Lender severally agrees to make Term B Loans to the Borrower on the Effective Date in accordance with Section 2.02, in an amount not to exceed its Term B Commitment; (D) The initial Interest Periods in respect of the Term B Loans (including any Existing Term B Loans that are converted into the Term B Loans pursuant to Section 2.01(b)(ii)(A)) shall be as set forth in a Committed Loan Notice delivered by the Borrower to the Administrative Agent in accordance with Section 2.02. (E) Each Extending Term B Lender agrees that neither the provisions of Section 3.05 of under the Existing Credit Agreement nor in accordance with Amendment No. 2 upon the provisions of Section 3.05 of this Restatement Effective Date, and such Term Loans (as defined in the Existing Credit Agreement) under the Existing Credit Agreement shall apply to (x) the conversion of the Existing be replaced by Term B Loans held by such Extending hereunder. (iii) No costs shall be payable under Section 3.05 in connection with the refinancing of the Term Loans under the Existing Credit Agreement with Term B Lender into Term B Loans pursuant to Borrowings made under this Section 2.01(b)(ii) or (y) the repayment of the Existing Term B Loans held by such Extending Term B Lender pursuant to Section 4.01 and subsequent purchase of Term B Loans by such Extending Term B Lender within 30 days following the Effective Date2.01(b).