Common use of The Term Borrowing Clause in Contracts

The Term Borrowing. Subject to the terms and conditions set forth herein, each Term Xxxxxx severally agrees to make a single loan to the Borrower in Dollars on the Closing Date in an amount not to exceed such Term Lender’s Term Commitment. Such Term Borrowing shall consist of Term Loans made simultaneously by the Term Lenders in accordance with their respective Applicable Percentage of the Term Facility. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans or SOFR Loans, as further provided herein. Each Term Lender’s Term Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Term Lender’s Term Commitment on the Closing Date. On the Fourth Amendment Effective Date, in accordance with, and upon the terms and conditions set forth in, the Fourth Amendment, (x) any Existing Term Loans of each Non-Consenting Term Lender outstanding on such date shall continue hereunder and be reclassified as Tranche A Term Loans on such date, and (y) any Existing Term Loans of each Consenting Lender outstanding on such date shall continue hereunder and be reclassified as Tranche B Term Loans on such date. The Tranche A Term Loans and the Tranche B Term Loans shall be separate and distinct tranches for all purposes of this Agreement and the other Loan Documents. The Administrative Agent shall update the Register to reflect any such classification. The Tranche A Term Loans and the Tranche B Term Loans shall rank pari passu with each other in right of payment and in security (including, without limitation, with respect to scheduled amortization payments, interest payments, voluntary prepayments and mandatory prepayments) and shall share in all payments made on account of the Term Loans pro rata based on the applicable amounts owing in respect of each class of Term Loans. The Tranche A Term Loans and the Tranche B Term Loans may trade separately from each other. (b) The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower in Dollars from time to time, on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of such Xxxxxx’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (ii) the Revolving Credit Exposure of each Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment. Within the limits of each Revolving Credit Xxxxxx’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Each Revolving Credit Lender’s Revolving Credit Commitment shall terminate immediately and without further action on the last day of the Availability Period. Revolving Credit Loans may be Base Rate Loans or SOFR Loans, as further provided herein. 2.02

The Term Borrowing. Subject to the terms and conditions set forth herein, each Term Xxxxxx Lender severally agrees (i) to the extent such Term Lender is an Existing Lender, to convert and continue on the Closing Date such Term Lender’s portion of the Existing Term Loans as a portion of the Term Loans hereunder (each such Term Lender’s converted and continued portion of the Existing Term Loans being referred to herein as a “Converted Existing Term Loan”) and (ii) to make a single loan to the Borrower in Dollars Borrowers on the Closing Date in an amount aggregate amount, when combined with such Term Lender’s Converted Existing Term Loan, not to exceed such Term Lender’s Applicable Percentage of the Term CommitmentFacility. Such The Term Borrowing shall consist of Term Loans made simultaneously by the Term Lenders in accordance with their respective Applicable Percentage of the Term Facility. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans or SOFR Eurodollar Rate Loans, as further provided herein. Each Term Lender’s Term Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Term Lender’s Term Commitment on the Closing Date. On the Fourth Amendment Effective Date, in accordance with, and upon the terms and conditions set forth in, the Fourth Amendment, (x) any Existing Term Loans of each Non-Consenting Term Lender outstanding on such date shall continue hereunder and be reclassified as Tranche A Term Loans on such date, and (y) any Existing Term Loans of each Consenting Lender outstanding on such date shall continue hereunder and be reclassified as Tranche B Term Loans on such date. The Tranche A Term Loans and the Tranche B Term Loans shall be separate and distinct tranches for all purposes of this Agreement and the other Loan Documents. The Administrative Agent shall update the Register to reflect any such classification. The Tranche A Term Loans and the Tranche B Term Loans shall rank pari passu with each other in right of payment and in security (including, without limitation, with respect to scheduled amortization payments, interest payments, voluntary prepayments and mandatory prepayments) and shall share in all payments made on account of the Term Loans pro rata based on the applicable amounts owing in respect of each class of Term Loans. The Tranche A Term Loans and the Tranche B Term Loans may trade separately from each other. (b) The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower in Dollars from time to time, on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of such Xxxxxx’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (ii) the Revolving Credit Exposure of each Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment. Within the limits of each Revolving Credit Xxxxxx’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Each Revolving Credit Lender’s Revolving Credit Commitment shall terminate immediately and without further action Term Borrowing made on the last day Closing Date or any of the Availability Period. Revolving Credit Loans may three (3) Business Days following the Closing Date shall be made as Base Rate Loans or SOFR Loansunless the Borrower Agent delivers a Funding Indemnity Letter not less than three (3) Business Days prior to the date of such Term Borrowing. For the avoidance of doubt, on the Closing Date, the entire amount of the Existing Term Loans shall be deemed to be outstanding, converted and continued as a portion of the Term Loans under this Agreement, as further provided herein. 2.02amended and restated by the terms hereof; it being understood that no repayment of the Existing Term Loans is being effected hereby, but merely an extension and renewal thereof in accordance with the terms hereof.

The Term Borrowing. (i) Subject to the terms and conditions set forth herein, each Term Xxxxxx Lender severally agrees to make a single loan (each such loan, a “Term Loan”) to the Borrower Company in Dollars on the Closing Date in an aggregate amount not to exceed at any time outstanding the amount of such Term Lender’s Term CommitmentCommitment (in effect prior to this Agreement becoming effective) and, (ii) subject to the terms and conditions set forth herein, (x) each 2017 Incremental Term Lender with a 2017 Incremental Term Commitment severally agrees to make its portion of the 2017 Incremental Term Loan on the Restatement Date in accordance with the provisions set forth herein and (y) each 2017 Refinancing Term Lender with a 2017 Refinancing Term Commitment severally agrees to make its portion of the 2017 Refinancing Term Loan on the Restatement Date in accordance with the provisions set forth herein and (iii) subject to the terms and conditions set forth herein and in the First Amendment, each 2018 Refinancing Term Lender with a 2018 Refinancing Term Commitment severally agrees to make its portion of the 2018 Refinancing Term Loan on the First Amendment Effective Date in accordance with the provisions set forth herein and in the First Amendment (each such loans in this sentence, a “Term Loan”). Such For all purposes hereof, (i) the 2017 Term Loans shall constitute Term Loans until the First Amendment Effective Date and (ii) the 2018 Refinancing Term Loans shall constitute Term Loans on and after the First Amendment Effective Date. The 2017 Refinancing Term Loans shall refinance and repay in full the Existing Terms A Loan outstanding immediately prior to this Agreement becoming effective. The Term Borrowing on (i) the Closing Date shall consist of Term Loans made simultaneously by the Term Lenders in accordance with their respective Applicable Percentage Term Commitments (as in effect on the Closing Date immediately prior to the making of the Term FacilityLoans on the Closing Date) and, (ii) the Restatement Date shall consist of 2017 Term Loans made simultaneously by the Term Lenders in accordance with their respective Term Commitments (as in effect on the Restatement Date immediately prior to the making of the 2017 Term Loans on the Restatement Date) and (iii) the First Amendment Effective Date shall consist of 2018 Refinancing Term Loans made simultaneously by the 2018 Refinancing Term Lenders in accordance with their respective 2018 Refinancing Term Commitments (as in effect on the First Amendment Effective Date immediately prior to the making of the 2018 Refinancing Term Loans on the First Amendment Effective Date). Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans, LIBOR Daily Floating Rate Loans or SOFR Eurocurrency Rate Loans, as further provided herein. Each Term Lender’s Term Commitment shall terminate immediately and without further action on For the Closing Date after giving effect to the funding avoidance of such Term Lender’s Term Commitment on the Closing Date. On the Fourth Amendment Effective Date, in accordance with, and upon the terms and conditions set forth in, the Fourth Amendment, (x) any Existing Term Loans of each Non-Consenting Term Lender outstanding on such date shall continue hereunder and be reclassified as Tranche A Term Loans on such date, and (y) any Existing Term Loans of each Consenting Lender outstanding on such date shall continue hereunder and be reclassified as Tranche B Term Loans on such date. The Tranche A Term Loans and the Tranche B Term Loans shall be separate and distinct tranches for all purposes of this Agreement and the other Loan Documents. The Administrative Agent shall update the Register to reflect any such classification. The Tranche A Term Loans and the Tranche B Term Loans shall rank pari passu with each other in right of payment and in security (including, without limitation, with respect to scheduled amortization payments, interest payments, voluntary prepayments and mandatory prepayments) and shall share in all payments made on account of the Term Loans pro rata based on the applicable amounts owing in respect of each class of Term Loans. The Tranche A Term Loans and the Tranche B Term Loans may trade separately from each other. (b) The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower in Dollars from time to time, on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of such Xxxxxx’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowingdoubt, (i) the Total Revolving Credit Outstandings 2017 Incremental Term Loan shall not exceed be subject to Section 2.16 of this Agreement or of the Revolving Original Credit Facility, Agreement (and shall not constitute a New Term Loan for any purpose hereunder or under the Original Credit Agreement) and (ii) the Revolving Credit Exposure of each Revolving Credit Lender 2017 Refinancing Term Loan shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment. Within the limits of each Revolving Credit Xxxxxx’s Revolving Credit Commitment, and be subject to the other terms and conditions hereof, the Borrower may borrow under Section 2.19 of this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Each Revolving Credit Lender’s Revolving Credit Commitment shall terminate immediately and without further action on the last day Agreement or of the Availability Period. Revolving Original Credit Loans may be Base Rate Loans Agreement (and shall not constitute a Refinancing Term Loan for any purpose hereunder or SOFR Loans, as further provided herein. 2.02under the Original Credit Agreement).

The Term Borrowing. (i) Subject to the terms and conditions set forth herein, each Term Xxxxxx Lender severally agrees to make a single loan to the Borrower Company in Dollars on the Closing Date in an aggregate amount not to exceed at any time outstanding the amount of such Term Lender’s Term CommitmentCommitment (in effect prior to this Agreement becoming effective), (ii) subject to the terms and conditions set forth herein, (x) each 2017 Incremental Term Lender with a 2017 Incremental Term Commitment severally agrees to make its portion of the 2017 Incremental Term Loan on the Restatement Date in accordance with the provisions set forth herein and (y) each 2017 Refinancing Term Lender with a 2017 Refinancing Term Commitment severally agrees to make its portion of the 2017 Refinancing Term Loan on the Restatement Date in accordance with the provisions set forth herein and, (iii) subject to the terms and conditions set forth herein and in the First Amendment, each 2018 Refinancing Term Lender with a 2018 Refinancing Term Commitment severally agrees to make its portion of the 2018 Refinancing Term Loan on the First Amendment Effective Date in accordance with the provisions set forth herein and in the First Amendment and (iv) subject to the terms and conditions set forth herein and in the Second Amendment, each 2021 Refinancing Term Lender with a 2021 Refinancing Term Commitment severally agrees to make its portion of the 2021 Refinancing Term Loan on the Second Amendment Effective Date in accordance with the provisions set forth herein and in the Second Amendment (each such loans in this sentence, a “Term Loan”). Such For all purposes hereof, (i) the 2017 Term Loans shall constitute Term Loans until the First Amendment Effective Date and, (ii) the 2018 Refinancing Term Loans shall constitute Term Loans on and after the First Amendment Effective Date until the Second Amendment Effective Date and (iii) the 2021 Refinancing Term Loans shall constitute Term Loans on and after the Second Amendment Effective Date. The 2017 Refinancing Term Loans shall refinance and repay in full the Existing Terms A Loan outstanding immediately prior to this Agreement becoming effective. The Term Borrowing on (i) the Closing Date shall consist of Term Loans made simultaneously by the Term Lenders in accordance with their respective Applicable Percentage Term Commitments (as in effect on the Closing Date immediately prior to the making of the Term FacilityLoans on the Closing Date), (ii) the Restatement Date shall consist of 2017 Term Loans made simultaneously by the Term Lenders in accordance with their respective Term Commitments (as in effect on the Restatement Date immediately prior to the making of the 2017 Term Loans on the Restatement Date) and, (iii) the First Amendment Effective Date shall consist of 2018 Refinancing Term Loans made simultaneously by the 2018 Refinancing Term Lenders in accordance with their respective 2018 Refinancing Term Commitments (as in effect on the First Amendment Effective Date immediately prior to the making of the 2018 Refinancing Term Loans on the First Amendment Effective Date) and (iv) the Second Amendment Effective Date shall consist of 2021 Refinancing Term Loans made simultaneously by the 2021 Refinancing Term Lenders in accordance with their respective 2021 Refinancing Term Commitments (as in effect on the Second Amendment Effective Date immediately prior to the making of the 2021 Refinancing Term Loans on the Second Amendment Effective Date). Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans, LIBOR Daily Floating Rate Loans or SOFR Eurocurrency Rate Loans, as further provided herein. Each Term Lender’s Term Commitment shall terminate immediately and without further action on For the Closing Date after giving effect to the funding avoidance of such Term Lender’s Term Commitment on the Closing Date. On the Fourth Amendment Effective Date, in accordance with, and upon the terms and conditions set forth in, the Fourth Amendment, (x) any Existing Term Loans of each Non-Consenting Term Lender outstanding on such date shall continue hereunder and be reclassified as Tranche A Term Loans on such date, and (y) any Existing Term Loans of each Consenting Lender outstanding on such date shall continue hereunder and be reclassified as Tranche B Term Loans on such date. The Tranche A Term Loans and the Tranche B Term Loans shall be separate and distinct tranches for all purposes of this Agreement and the other Loan Documents. The Administrative Agent shall update the Register to reflect any such classification. The Tranche A Term Loans and the Tranche B Term Loans shall rank pari passu with each other in right of payment and in security (including, without limitation, with respect to scheduled amortization payments, interest payments, voluntary prepayments and mandatory prepayments) and shall share in all payments made on account of the Term Loans pro rata based on the applicable amounts owing in respect of each class of Term Loans. The Tranche A Term Loans and the Tranche B Term Loans may trade separately from each other. (b) The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower in Dollars from time to time, on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of such Xxxxxx’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowingdoubt, (i) the Total Revolving Credit Outstandings 2017 Incremental Term Loan shall not exceed be subject to Section 2.16 of this Agreement or of the Revolving Original Credit Facility, Agreement (and shall not constitute a New Term Loan for any purpose hereunder or under the Original Credit Agreement) and (ii) the Revolving Credit Exposure of each Revolving Credit Lender 2017 Refinancing Term Loan shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment. Within the limits of each Revolving Credit Xxxxxx’s Revolving Credit Commitment, and be subject to Section 2.19 of this Agreement or of the other terms Original Credit Agreement (and conditions hereof, shall not constitute a Refinancing Term Loan for any purpose hereunder or under the Borrower may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(bOriginal Credit Agreement). Each Revolving Credit Lender’s Revolving Credit Commitment and (iii) the 2021 Refinancing Term Loan shall terminate immediately and without further action on the last day not be subject to Section 2.19 of this Agreement or of the Availability Period. Revolving Original Credit Loans may be Base Rate Loans Agreement (and shall not constitute a Refinancing Term Loan for any purposes hereunder or SOFR Loans, as further provided herein. 2.02under the Original Credit Agreement).

The Term Borrowing. Subject to the terms and conditions set forth herein, each Term Xxxxxx Lender severally agrees to make a single term loan to the Borrower Borrowers in Dollars on the Closing Date in an aggregate amount not equal to exceed such $70,000,000 (the “Initial Term Lender’s Term CommitmentBorrowing”). Such The Initial Term Borrowing shall consist of Term Loans made simultaneously by the Term Lenders in accordance with their respective Applicable Percentage of the Term Facility. Additionally, if the Initial Term Borrowing is not in an amount equal to the Term Commitments (the difference between the Term Commitments and the Initial Term Borrowing, being $30,000,000, herein referred to as the “Remaining Term Commitment”), then, subject to the terms and conditions set forth herein, each Term Lender severally agrees to make one subsequent term loan to the Borrowers in Dollars on any one Business Day during the Availability Period in an amount not to exceed such Term Lender’s Applicable Percentage of the Remaining Term Commitment (the “Subsequent Term Borrowing”). The Subsequent Term Borrowing shall consist of Term Loans made simultaneously by the Term Lenders in accordance with their respective Applicable Percentage of the Term Facility. As of the first to occur of the Subsequent Term Borrowing and the last day of the Availability Period in respect of the Term Facility, the Borrowers shall have no further ability to request Term Loans from the Term Lenders and the Term Commitments shall be reduced to zero. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans or SOFR Eurodollar Rate Loans, as further provided herein. Each Term Lender’s Term Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Term Lender’s Term Commitment on the Closing Date. On the Fourth Amendment Effective Date, in accordance with, and upon the terms and conditions set forth in, the Fourth Amendment, (x) any Existing Term Loans of each Non-Consenting Term Lender outstanding on such date shall continue hereunder and be reclassified as Tranche A Term Loans on such date, and (y) any Existing Term Loans of each Consenting Lender outstanding on such date shall continue hereunder and be reclassified as Tranche B Term Loans on such date. The Tranche A Term Loans and the Tranche B Term Loans shall be separate and distinct tranches for all purposes of this Agreement and the other Loan Documents. The Administrative Agent shall update the Register to reflect any such classification. The Tranche A Term Loans and the Tranche B Term Loans shall rank pari passu with each other in right of payment and in security (including, without limitation, with respect to scheduled amortization payments, interest payments, voluntary prepayments and mandatory prepayments) and shall share in all payments made on account of the Term Loans pro rata based on the applicable amounts owing in respect of each class of Term Loans. The Tranche A Term Loans and the Tranche B Term Loans may trade separately from each other. (b) The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower be made in Dollars from time to time, on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of such Xxxxxx’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (ii) the Revolving Credit Exposure of each Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment. Within the limits of each Revolving Credit Xxxxxx’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Each Revolving Credit Lender’s Revolving Credit Commitment shall terminate immediately and without further action on the last day of the Availability Period. Revolving Credit Loans may be Base Rate Loans or SOFR Loans, as further provided herein. 2.02only.

The Term Borrowing. (i) Subject to the terms and conditions set forth herein, each Term Xxxxxx Lender severally agrees to make a single loan (each such loan, a “Term Loan”) to the Borrower Company in Dollars on the Closing Date in an aggregate amount not to exceed at any time outstanding the amount of such Term Lender’s Term CommitmentCommitment (in effect prior to this Agreement becoming effective) and (ii) subject to the terms and conditions set forth herein, (x) each 2017 Incremental Term Lender with a 2017 Incremental Term Commitment severally agrees to make its portion of the 2017 Incremental Term Loan on the Restatement Date in accordance with the provisions set forth herein and (y) each 2017 Refinancing Term Lender with a 2017 Refinancing Term Commitment severally agrees to make its portion of the 2017 Refinancing Term Loan on the Restatement Date in accordance with the provisions set forth herein. Such For all purposes hereof, the 2017 Term Loans shall constitute Term Loans. The 2017 Refinancing Term Loans shall refinance and repay in full the Existing Terms A Loan outstanding immediately prior to this Agreement becoming effective. The Term Borrowing on (i) the Closing Date shall consist of Term Loans made simultaneously by the Term Lenders in accordance with their respective Applicable Percentage Term Commitments (as in effect on the Closing Date immediately prior to the making of the Term FacilityLoans on the Closing Date) and (ii) the Restatement Date shall consist of 2017 Term Loans made simultaneously by the Term Lenders in accordance with their respective Term Commitments (as in effect on the Restatement Date immediately prior to the making of the 2017 Term Loans on the Restatement Date). Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans, LIBOR Daily Floating Rate Loans or SOFR Eurocurrency Rate Loans, as further provided herein. Each Term Lender’s Term Commitment shall terminate immediately and without further action on For the Closing Date after giving effect to the funding avoidance of such Term Lender’s Term Commitment on the Closing Date. On the Fourth Amendment Effective Date, in accordance with, and upon the terms and conditions set forth in, the Fourth Amendment, (x) any Existing Term Loans of each Non-Consenting Term Lender outstanding on such date shall continue hereunder and be reclassified as Tranche A Term Loans on such date, and (y) any Existing Term Loans of each Consenting Lender outstanding on such date shall continue hereunder and be reclassified as Tranche B Term Loans on such date. The Tranche A Term Loans and the Tranche B Term Loans shall be separate and distinct tranches for all purposes of this Agreement and the other Loan Documents. The Administrative Agent shall update the Register to reflect any such classification. The Tranche A Term Loans and the Tranche B Term Loans shall rank pari passu with each other in right of payment and in security (including, without limitation, with respect to scheduled amortization payments, interest payments, voluntary prepayments and mandatory prepayments) and shall share in all payments made on account of the Term Loans pro rata based on the applicable amounts owing in respect of each class of Term Loans. The Tranche A Term Loans and the Tranche B Term Loans may trade separately from each other. (b) The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower in Dollars from time to time, on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of such Xxxxxx’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowingdoubt, (i) the Total Revolving Credit Outstandings 2017 Incremental Term Loan shall not exceed be subject to Section 2.16 of this Agreement or of the Revolving Original Credit Facility, Agreement (and shall not constitute a New Term Loan for any purpose hereunder or under the Original Credit Agreement) and (ii) the Revolving Credit Exposure of each Revolving Credit Lender 2017 Refinancing Term Loan shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment. Within the limits of each Revolving Credit Xxxxxx’s Revolving Credit Commitment, and be subject to the other terms and conditions hereof, the Borrower may borrow under Section 2.19 of this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Each Revolving Credit Lender’s Revolving Credit Commitment shall terminate immediately and without further action on the last day Agreement or of the Availability Period. Revolving Original Credit Loans may be Base Rate Loans Agreement (and shall not constitute a Refinancing Term Loan for any purpose hereunder or SOFR Loans, as further provided herein. 2.02under the Original Credit Agreement).

The Term Borrowing. Subject to the terms and conditions set forth herein, each Term Xxxxxx Lender severally agrees to make to the BV Borrower or the US Borrower (as directed by the BV Borrower) (i) a single loan to the Borrower in Dollars Dollar loanLoan on the ClosingTenth Amendment Effective Date (each, a “Closing Date DateTenth Amendment Term Loan” and, collectively, the “Closing DateTenth Amendment Term Loans”) in an amount not equal to exceed such Term Credit Agreement NYDOCS01/1760806.13 [Different first page setting changed from off in original to on in modified.]. Lender’s Term CommitmentCommitment as of the Closing Date, (ii) a single Dollar loan on the Second Amendment Effective Date (each, a “Second Amendment Term Loan” and, collectively, the “Second Amendment Term Loans”) in an amount equal to such Lender’s Term Commitment as of the Second Amendment Effective Date and (iii) a single Dollar loan on the Third Amendment Effective Date (each, a “Third Amendment Term Loan” and, collectively, the “Third Amendment Term Loans”) in an amount equal to such Lender’s Third Amendment Term Commitment as of the ThirdTenth Amendment Term Commitments as of the Tenth Amendment Effective Date. Such The Closing Date Term Borrowing shall consist of Loans, the SecondSixth Amendment Term Loans made simultaneously by and, except in related provisions of this Agreement where “Third the Tenth Amendment Term Lenders in accordance with their respective Applicable Percentage Loans” are separately referenced, the Third Amendment Term Loans are for purposes of this Agreement, each, a “Term Loan” and, collectively, the “Term FacilityLoans”; provided that, and from and after the SixthTenth Amendment Effective Date, all references to a “Term Loan” or to “Term Loans” shall be deemed to refer to Sixth Amendment Term Loans or Tenth Amendment Term Loans, as applicable. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans or SOFR Eurodollar Rate Loans, as further provided herein. Each Term Lender’s Term Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Term Lender’s Term Commitment on the Closing Date. On the Fourth Amendment Effective Date, in accordance with, and upon the terms and conditions set forth in, the Fourth Amendment, (x) any Existing Term Loans of each Non-Consenting Term Lender outstanding on such date shall continue hereunder and be reclassified as Tranche A Term Loans on such date, and (y) any Existing Term Loans of each Consenting Lender outstanding on such date shall continue hereunder and be reclassified as Tranche B Term Loans on such date. The Tranche A Term Loans and the Tranche B Term Loans shall be separate and distinct tranches for all purposes of this Agreement and the other Loan Documents. The Administrative Agent shall update the Register to reflect any such classification. The Tranche A Term Loans and the Tranche B Term Loans shall rank pari passu with each other in right of payment and in security (including, without limitation, with respect to scheduled amortization payments, interest payments, voluntary prepayments and mandatory prepayments) and shall share in all payments made on account of the Term Loans pro rata based on the applicable amounts owing in respect of each class of Term Loans. The Tranche A Term Loans and the Tranche B Term Loans may trade separately from each other. (b) The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower in Dollars from time to time, on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of such Xxxxxx’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (ii) the Revolving Credit Exposure of each Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment. Within the limits of each Revolving Credit Xxxxxx’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Each Revolving Credit Lender’s Revolving Credit Commitment shall terminate immediately and without further action on the last day of the Availability Period. Revolving Credit Loans may be Base Rate Loans or SOFR Loans, as further provided herein. 2.02.