Common use of The Term Loan Clause in Contracts

The Term Loan. (i) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, the Lenders previously made available to Borrower certain term loans, including the Restatement Effective Date Term Loan and the Third Amendment Term Loan, of which $23,750,000 remains outstanding as of the Fourth Amendment Effective Date. (ii) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein and in the Fourth Amendment, on the Fourth Amendment Effective Date, each Lender with a Fourth Amendment Term Loan Commitment severally and not jointly agrees to lend to the Borrower on the Fourth Amendment Effective Date, the amount set forth opposite such Lender’s name in Schedule 1.1(a) under the heading “Fourth Amendment Term Loan Commitment” (such amount being referred to herein as such Lender’s “Fourth Amendment Term Loan Commitment”). Amounts borrowed under this subsection 1.1(a)(ii) are referred to as the “Fourth Amendment Term Loan” and, together with the Restatement Effective Date Term Loan and the Third Amendment Effective Date Term Loan, are sometimes referred to herein, collectively, as the “Term Loan.” No amount of the Term Loan which is repaid or prepaid may be reborrowed. Each Lender shall be deemed to have assigned and/or purchased, as necessary, any and all amounts in respect of the Term Loan in order to accurately reflect its appropriate percentage of the outstanding Term Loan as set forth on Schedule 1.1(a).

The Term Loan. (i) Subject Borrower acknowledges and agrees that, immediately prior to the terms and conditions effectiveness of this Agreement and in reliance upon Agreement, the representations and warranties outstanding principal amount of the “Term Loan A” under the Original Credit Parties contained hereinAgreement is $49,350,000 and of the “Term Loan B” under the Original Credit Agreement is $8,000,000 (collectively, the Lenders previously made available “Existing Term Loans”), in each case all of which Existing Term Loans hereby shall be deemed to Borrower certain term loanshave been, including and hereby is, converted into a portion of the Restatement Effective Date outstanding Term Loan hereunder in like amount without constituting a novation, and Borrower hereby represents, warrants, agrees, covenants and reaffirms that it has no defense, set off, claim or counterclaim against the Agent and the Third Amendment Lenders with regard to its Obligations in respect of such Existing Term Loan, of which $23,750,000 remains outstanding as of the Fourth Amendment Effective Date. (ii) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein and in the Fourth Amendment, on the Fourth Amendment Effective Date, each Loans. Each Lender with a Fourth Amendment Term Loan Commitment severally and not jointly agrees agrees, on the terms and conditions hereinafter set forth, to lend to the Borrower on the Fourth Amendment Restatement Effective Date, the additional amount set forth opposite such Lender’s name in Schedule 1.1(a) under the heading “Fourth Amendment Term Loan Commitment” (such amount, together with the amount of the Existing Term Loans of such Lender, being referred to herein as such Lender’s “Fourth Amendment Term Loan Commitment”). Amounts borrowed borrowed, or deemed borrowed, under this subsection 1.1(a)(ii1.1(a) are referred to as the “Fourth Amendment Term Loan” and”. Amounts borrowed, together with the Restatement Effective Date Term Loan and the Third Amendment Effective Date Term Loan, are sometimes referred to herein, collectivelyor deemed borrowed, as the “Term Loan.” No amount of the Term Loan which is are repaid or prepaid by the Borrower may not be reborrowed. Each Lender shall be deemed to have assigned and/or purchased, as necessary, any and all amounts in respect of the Term Loan in order to accurately reflect its appropriate percentage of the outstanding Term Loan as set forth on Schedule 1.1(a).

The Term Loan. (i) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, certain Lenders made term loans (the Lenders previously made available “Existing Term Loans”) to the Borrower certain term loans, including on the Restatement Effective Closing Date Term Loan (and the Third Amendment Term Loan, of which $23,750,000 remains outstanding as of immediately prior to the Fourth Amendment Effective Date. (ii) , the aggregate outstanding principal balance of the Existing Term Loans was $46,880,212.50). Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein and in the Fourth Amendment, on the Fourth Amendment Effective Dateherein, each Lender with a Fourth Amendment New Term Loan Commitment severally and not jointly agrees to lend to the Borrower on the Fourth Amendment Effective Date, the amount set forth opposite such Lender’s name in on Schedule 1.1(a) 1.1(a)-Supplement under the heading “Fourth Amendment “ New Term Loan Commitment” (such amount being referred to herein as such Lender’s “Fourth Amendment New Term Loan Commitment”, and loans made in respect of such New Term Loan Commitments, the “New Term Loans”). The Borrower hereby directs the Agent to receive the proceeds of the New Term Loans and Revolving Loans made on the Fourth Amendment Date and immediately apply such proceeds to prepay the Existing Term Loans in full (so that immediately following such prepayment, the New Term Loans made on the Fourth Amendment Date are the only outstanding term loans hereunder) (and the Lenders waive any required advance notice of such prepayment pursuant to this Agreement). Amounts borrowed under this subsection 1.1(a)(ii1.1(a) are referred to as the “Fourth Amendment Term Loan” and, together with the Restatement Effective Date Term Loan and the Third Amendment Effective Date Term Loan, are sometimes referred to herein, collectively, as the “Term Loan.” No amount of Amounts borrowed as the Term Loan which is are repaid or prepaid may not be reborrowed. Each Lender shall be deemed to have assigned and/or purchased, as necessary, any and all amounts in respect of the Term Loan in order to accurately reflect its appropriate percentage of the outstanding Term Loan as set forth on Schedule 1.1(a).

The Term Loan. (i) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained set forth herein, the Lenders previously made available to Borrower certain term loans, including the Restatement Effective Date (i) each Term Lender with an Initial Term Loan and the Third Amendment Term Loan, of which $23,750,000 remains outstanding Commitment as of the Fourth Amendment Effective Date. (ii) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein and in the Fourth Amendment, on the Fourth Amendment Effective Date, each Lender with Closing Date made a Fourth Amendment Term Loan Commitment severally and not jointly agrees to lend single term loan to the Borrower on the Fourth Closing Date in an amount equal to such Term Lender’s Initial Term Commitment (all such term loans collectively, the “Initial Term Loan”) and (ii) each Term Lender with an Incremental Term Commitment as of the Third Amendment Effective DateDate severally agrees to make a single term loan to the Borrower on the Third Amendment Effective Date in an amount equal to such Term Lender’s Incremental Term Commitment (all such term loans collectively, the amount set forth opposite such Lender’s name in Schedule 1.1(a) under the heading “Fourth Amendment Incremental Term Loan Commitment” (such amount being referred to herein as such Lender’s “Fourth Amendment Term Loan CommitmentLoan”). Term Loans may, at the option of the Borrower, be incurred and maintained as, or Converted into, Term Loans that are Base Rate Loans or Eurodollar Loans; provided that all Term Loans made as part of the same Term Borrowing shall consist of Term Loans of the same Type. Amounts borrowed under this subsection 1.1(a)(iiSection 2.02(a) are referred to as and repaid or prepaid may not be reborrowed. The aggregate principal amount of the “Fourth Amendment Term Loan” and, together with borrowing of the Restatement Effective Date Incremental Term Loan and requested by the Borrower to be made on the Third Amendment Effective Date and the Incremental Term Loan will be in an aggregate principal amount of $75,000,000, and immediately after giving effect to the funding of the Incremental Term Loan, are sometimes referred to herein, collectively, as the “Term Loan.” No aggregate amount of the Term Loan which outstanding on the Third Amendment Effective Date is repaid $369,950,957. For the avoidance of doubt, the terms of the Incremental Term Loan to be made hereunder shall, except as otherwise described herein and except as to the extent of any upfront or prepaid may similar fees, as applicable, be reborrowed. Each Lender the same as the terms of the Initial Term Loan hereunder, and the Incremental Term Loan and the Initial Term Loan shall collectively be the Term Loan hereunder, and the Incremental Term Loan made under this Section 2.02(a) shall be deemed to have assigned and/or purchased, as necessary, any be an Incremental Facility hereunder made pursuant to and all amounts in respect accordance with the provisions of the Term Loan in order to accurately reflect its appropriate percentage Section 11.12(b) of the outstanding Term Loan as set forth on Schedule 1.1(a)this Agreement.

The Term Loan. (ia) Subject to and upon the terms and conditions provisions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, the Lenders previously made available to Borrower certain term loans, including the Restatement Effective Date Term Loan and the Third Amendment Term Loan, of which $23,750,000 remains outstanding as of the Fourth Amendment Effective Date. (ii) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein and in the Fourth Amendment, on the Fourth Amendment Effective DateAgreement, each Lender with a Fourth Amendment Term Loan Commitment severally and not jointly agrees to lend make a loan (each a “Term Loan”; and collectively, the “Term Loans”) to the Borrower on the Fourth Amendment Effective Date, Closing Date in the principal amount set forth below opposite such Lender’s name in Schedule 1.1(a) under the heading “Fourth Amendment Term Loan Commitment” (such amount being referred to herein as called such Lender’s “Fourth Amendment Term Loan Committed Amount”). The total of each Lender’s Term Loan Committed Amount is herein called the “Total Term Loan Committed Amount”. The proportionate share set forth below opposite each Lender’s name is herein called such Lender’s “Term Loan Pro Rata Share”: Lender Committed Amount Term Loan Pro Rata Share Chevy Chase Bank, F.S.B. $ 20,000,000 66.6666667 % MB Financial Bank, N.A. $ 10,000,000 33.3333333 % Total Term Loan Committed Amount $ 30,000,000 100 % The obligation of each Lender to make a Term Loan is several and is limited to its Term Loan Committed Amount, and such obligation of each Lender is herein called its “Term Loan Commitment”). Amounts borrowed under this subsection 1.1(a)(ii) The Term Loan Commitment of each Lender are herein collectively referred to as the “Fourth Amendment Term Loan” and, together with the Restatement Effective Date Term Loan and the Third Amendment Effective Date Term Loan, are sometimes referred to herein, collectively, as the “Term Loan.” No amount of Commitments”. Agent shall not be responsible for the Term Loan which is repaid or prepaid may be reborrowed. Each Lender Commitment of any Lender, except to the extent Agent acts as a Lender; and similarly, none of Lenders shall be deemed to have assigned and/or purchased, as necessary, any and all amounts in respect of responsible for the Term Loan in order to accurately reflect its appropriate percentage Commitment of any of the outstanding other Lenders; the failure, however, of any Lender to perform its Term Loan Commitment shall not relieve any of the other Lenders from the performance of their respective Term Loan Commitments. (b) The obligation of Borrower to pay the Term Loans with interest shall be evidenced by a series of promissory notes (each as set forth on Schedule 1.1(a)from time to time extended, amended, restated, supplemented or otherwise modified, the “Note” and collectively, the “Notes”) substantially in the form of EXHIBIT A attached hereto and made a part hereof with appropriate insertions. Each Note shall be dated as of the Closing Date, shall be payable to the order of a Lender at the times provided in the Note, and shall be in the principal amount of such Lender’s Term Loan Committed Amount. (c) Borrower may voluntarily prepay the principal sum outstanding only in accordance with the terms of the Note. Sums borrowed and repaid may not be readvanced.