Common use of Tranche B Term Loans Clause in Contracts

Tranche B Term Loans. Each Lender with a Tranche B Term -------------------- Loan Commitment severally agrees to lend to one or both Borrowers (on a joint and several basis) on the Closing Date an amount not exceeding its Pro Rata Share of the aggregate amount of the Tranche B Term Loan -------- Commitments to be used for the purposes identified in subsection 2.5A. The amount of each Lender's Tranche B Term Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate amount ------------ of the Tranche B Term Loan Commitments is $135,000,000; provided that the -------- Tranche B Term Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Tranche B Term Loan Commitments pursuant to subsection 10.1B. Each Lender's Tranche B Term Loan Commitment shall expire immediately and without further action on January 15, 1999 if the Tranche B Term Loans are not made on or before that date. Each Borrower may make only one borrowing under the Tranche B Term Loan Commitments. The proceeds of each Tranche B Term Loan shall be made available to Borrowers as directed by either of them (with the proceeds to be used by one or both Borrowers as they may determine), it being understood and agreed that Borrowers shall be jointly and severally obligated with respect to each Tranche B Term Loan for the repayment thereof and all amounts owing with respect thereto. Amounts borrowed under this subsection 2.1A(ii) and subsequently repaid or prepaid may not be reborrowed.

Tranche B Term Loans. Each Lender with Borrower shall deliver to Administrative Agent a Notice of Borrowing no later than 12:00 Noon (New York City time) at least one Business Day prior to the Closing Date, requesting a borrowing of the Tranche B Term -------------------- Loan Commitment Loans. The Notice of Borrowing shall specify (i)the proposed Funding Date (which shall be a Business Day), and (ii)that such Loans shall be Base Rate Loans. Each Lender severally agrees to lend to one or both Borrowers (on a joint and several basis) Borrower on the Closing Date an amount not exceeding its Pro Rata Share of the aggregate amount of the Tranche B Term Loan -------- Commitments to be used for the purposes identified in subsection 2.5A. The amount of each Lender's Tranche B Term Loan Commitment is set forth opposite its name on Schedule SCHEDULE 2.1 annexed hereto and the aggregate amount ------------ of the Tranche B Term Loan Commitments is $135,000,00015,000,000; provided PROVIDED that the -------- Tranche B Term Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Tranche B Term Loan Commitments pursuant to subsection 10.1B. Each Lender's Tranche B Term Loan Commitment shall expire immediately and without further action on January 1531, 1999 2000 if the Tranche B Term Loans are not made on or before that date. Each Borrower may make only one borrowing under the Tranche B Term Loan Commitments. The proceeds of each Tranche B Term Loan shall be made available to Borrowers as directed by either of them (with the proceeds to be used by one or both Borrowers as they may determine), it being understood and agreed that Borrowers shall be jointly and severally obligated with respect to each Tranche B Term Loan for the repayment thereof and all amounts owing with respect thereto. Amounts borrowed under this subsection 2.1A(ii) and subsequently repaid or prepaid may not be reborrowed.

Tranche B Term Loans. Each Lender with a Tranche B Term -------------------- Loan Commitment severally agrees to lend to one or both Borrowers (on a joint and several basis) on the Closing Date Borrower an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Tranche B Term Loan -------- Commitments to be used for the purposes identified in subsection 2.5A. The amount of each Lender's Tranche B Term Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate amount ------------ of the Tranche B Term Loan Commitments is $135,000,00025,000,000; provided that the -------- Tranche B Term Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Tranche B Term Loan Commitments pursuant to subsection 10.1B. Each Lender's Tranche B Term Loan Commitment shall expire immediately and without further action on January 1512, 1999 1997 if the Tranche B Term Loans are not made on or before that date. Each Borrower may make only one borrowing under the Tranche B Term Loan Commitments. The proceeds Commitments which borrowing shall be on the earlier to occur of each the Seller Notes Maturity Date and the Acquisition Reimbursement Date; provided that, unless no drawing under the Acquisition Letter of Credit has been made and the Acquisition Letter of Credit has been returned to the Issuing Lender and cancelled on or before the Acquisition Reimbursement Date, no Tranche B Term Loan Loans shall be made available other than pursuant to Borrowers as directed by either of them (with the proceeds to be used by one or both Borrowers as they may determine), it being understood and agreed that Borrowers shall be jointly and severally obligated with respect to each Tranche B Term Loan subsection 3.3B for the repayment thereof and all amounts owing with respect theretopurpose of reimbursing drawings under the Acquisition Letter of Credit. Amounts borrowed under this subsection 2.1A(ii2.1A(iii) and subsequently repaid or prepaid may not be reborrowed.

Tranche B Term Loans. Each Lender with a Tranche B Term -------------------- Loan Commitment severally agrees to lend to one or both Borrowers (on a joint and several basis) on the Closing Date an amount not exceeding its Pro Rata Share of the aggregate amount of the Tranche B Term Loan -------- Commitments to be used for the purposes identified in subsection 2.5A. The amount of each Lender's Tranche B Term Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate amount ------------ of the Tranche B Term Loan Commitments is $135,000,000365,000,000; provided that the -------- Tranche B Term Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Tranche B Term Loan Commitments pursuant to subsection 10.1B. Each Lender's Tranche B Term Loan Commitment shall expire immediately and without further action on January 15August 31, 1999 2002 if the Tranche B Term Loans are not made on or before that date. Each Borrower may make only one borrowing under the Tranche B Term Loan Commitments. The proceeds of each Tranche B Term Loan shall be made available to Borrowers as directed by either of them (with the proceeds to be used by one or both Borrowers as they may determine), it being understood and agreed that Borrowers shall be jointly and severally obligated with respect to each Tranche B Term Loan for the repayment thereof and all amounts owing with respect thereto. Amounts borrowed under this subsection 2.1A(ii2.1A(i) and subsequently repaid or prepaid may not be reborrowed.

Tranche B Term Loans. Each Lender with a Borrower acknowledges that Tranche B Term -------------------- Loan Commitment severally agrees Loans in an aggregate amount equal to lend $40,000,000 were advanced to one or both Borrowers (on a joint and several basis) Borrower on the Original Closing Date an amount not exceeding its Pro Rata Share (of the which $37,732,000 remains outstanding). The aggregate amount of the Tranche B Term Loan -------- Commitments shall be increased from $37,732,000 to be used for the purposes identified in subsection 2.5A. The amount of each Lender's $142,732,000. Each Lender that has a Tranche B Term Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and severally agrees to lend Borrower the aggregate amount ------------ of the such Lender’s unfunded Tranche B Term Loan Commitments is $135,000,000Commitment; provided that the -------- Tranche B Term Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Tranche B Term Loan Commitments pursuant to subsection 10.1B. Borrower shall deliver to Administrative Agent a Notice of Borrowing no later than 12:00 Noon (New York City time) at least one Business Day prior to the Effective Date, requesting a borrowing of the Tranche B Term Loans. The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the borrowing, and (iii) that such Loans shall be Base Rate Loans. Each Lender's ’s unfunded Tranche B Term Loan Commitment shall expire immediately and without further action on January 15, 1999 the Business Day immediately following the Effective Date if the Tranche B Term Loans are have not been made on or before that date. Each Borrower may make only one borrowing two borrowings (on the Original Closing Date and on the Effective Date) under the Tranche B Term Loan Commitments. The proceeds of each Tranche B Term Loan shall be made available to Borrowers as directed by either of them (with the proceeds to be used by one or both Borrowers as they may determine), it being understood and agreed that Borrowers shall be jointly and severally obligated with respect to each Tranche B Term Loan for the repayment thereof and all amounts owing with respect theretoCommitment. Amounts borrowed under subsection 2.1A(ii) of the Existing Credit Agreement or under this subsection 2.1A(ii) and subsequently repaid or prepaid may not be reborrowed.

Tranche B Term Loans. Each Lender with a Tranche B Term -------------------- Loan Commitment Lender severally agrees to lend to one or both Borrowers (on a joint and several basis) on the Closing Date Xxxxx-Xxxxxxxx an amount in Dollars not exceeding its Pro Rata Share of the aggregate amount of the Tranche B Term Loan -------- Commitments to be used for the purposes identified in subsection 2.5A. The amount of each Tranche B Lender's ’s Tranche B Term Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto in the Register and the aggregate amount ------------ of the Tranche B Term Loan Commitments is $135,000,000200,000,000; provided that the -------- Tranche B Term Loan Commitments of Lenders each Tranche B Lender shall be adjusted to give effect to any assignments of the Tranche B Term Loan Commitments pursuant to subsection 10.1B. Each Lender's 10.2 and may be increased from time to time by the amount of any increase thereto pursuant to subsection 2.1A(vi). The Tranche B Term Loan Commitment Commitments shall expire immediately be available in two draws, the first of up to $50,000,000 available on the Closing Date with one additional draw of up to the remainder of the aggregate Tranche B Term Loan Commitments to be made not later than August 14, 2006. The Tranche B Term Loans mature on the Tranche B Term Loan Maturity Date, and without further action on January 15, 1999 if all Tranche B Term Loans and all other amounts owed hereunder with respect to the Tranche B Term Loans are not made on or before shall be paid in full no later than 57 that date. Each Borrower may make only one borrowing under the Tranche B Term Loan Commitments. The proceeds of each Tranche B Term Loan shall be made available to Borrowers as directed by either of them (with the proceeds to be used by one or both Borrowers as they may determine), it being understood and agreed that Borrowers shall be jointly and severally obligated with respect to each Tranche B Term Loan for the repayment thereof and all amounts owing with respect thereto. Amounts borrowed under this subsection 2.1A(ii) and subsequently Loans repaid or prepaid may not be reborrowed. Any Tranche B Term Loan Commitments not utilized on or before August 14, 2006 shall terminate on such date.

Tranche B Term Loans. Each Lender with a Tranche B Term -------------------- Loan Commitment Lender severally agrees to lend to one or both Borrowers (on a joint and several basis) Company on the Closing Initial Funding Date an amount not exceeding its Pro Rata Share of the aggregate amount of the Tranche B Term Loan -------- Commitments to be used for the purposes identified in subsection 2.5A. The amount of each Tranche B Term Loan Lender's Tranche B Term Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate amount ------------ of the Tranche B Term Loan Commitments is $135,000,000125,000,000; provided that the -------- Tranche B Term Loan Commitments of Tranche B Term Loan Lenders shall be adjusted to give effect to (a) any Tranche B Term Loan increases pursuant to subsection 2.1A(iv) and (b) any assignments of the Tranche B Term Loan Commitments pursuant to subsection 10.1B. Each Tranche B Term Loan Lender's Tranche B Term Loan Commitment shall expire immediately and without further action on January 15December 1, 1999 1999, if Tranche B Term Loans in the full amount of the Tranche B Term Loans are Loan Commitments (without taking account of any increase permitted under subsection 2.1A(iv))are not made on or before that date. Each Borrower Except as permitted by subsection 2.1A(iv), Company may make only one borrowing under the Tranche B Term Loan Commitments. The proceeds of each Tranche B Term Loan shall be made available to Borrowers as directed by either of them (with the proceeds to be used by one or both Borrowers as they may determine), it being understood and agreed that Borrowers shall be jointly and severally obligated with respect to each Tranche B Term Loan for the repayment thereof and all amounts owing with respect thereto. Amounts borrowed under this subsection 2.1A(ii2.1A(i) and subsequently repaid or prepaid may not be reborrowed.

Tranche B Term Loans. Each Lender with that has a Tranche B Term -------------------- Loan Commitment severally agrees to lend to one or both Borrowers (on a joint and several basis) Borrower on the Closing Date an amount not exceeding its Pro Rata Share of the aggregate amount of the Tranche B Term Loan -------- Commitments to be used for the purposes identified in subsection 2.5A. The amount Borrower shall deliver to Administrative Agent a Notice of each Lender's Borrowing no later than 12:00 Noon (New York City time) at least one Business Day prior to the Closing Date, requesting a borrowing of the Tranche B Term Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto Loans. The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), and the (ii) that such Loans shall be Base Rate Loans. The aggregate amount ------------ of the Tranche B Term Loan Commitments is $135,000,00050,000,000; provided PROVIDED that the -------- Tranche B Term Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Tranche B Term Loan Commitments pursuant to subsection 10.1B. Each Lender's Tranche B Term Loan Commitment shall expire immediately and without further action on January 15June 30, 1999 2001 if the Tranche B Term Loans are have not been made on or before that date. Each Borrower may make only one borrowing under the Tranche B Term Loan Commitments. The proceeds of each Tranche B Term Loan shall be made available to Borrowers as directed by either of them (with the proceeds to be used by one or both Borrowers as they may determine), it being understood and agreed that Borrowers shall be jointly and severally obligated with respect to each Tranche B Term Loan for the repayment thereof and all amounts owing with respect thereto. Amounts borrowed under this subsection 2.1A(ii) and subsequently repaid or prepaid may not be reborrowed.