Common use of Tranche C Loans Clause in Contracts

Tranche C Loans. As of the Closing Date, the outstanding principal balance of the Existing Tranche C-1 Loan is as set forth on the Closing Statement and the accrued and unpaid interest thereon is as set forth on the Closing Statement, the outstanding principal balance of the Existing Tranche C-2 Loan is as set forth on the Closing Statement, the outstanding principal balance of the Existing Tranche C-3 Loan is as set forth on the Closing Statement, and the Existing Tranche C-3 Accrued Interest is as set forth on the Closing Statement. The Existing Tranche C Loans shall be continued as a Tranche C Loan hereunder. On the terms and subject to the conditions contained in this Agreement, the Lender agrees to make additional Tranche C Loans to the Borrower under as set forth in clause (a)(i) of the Acquisition Guidelines and in its sole and absolute discretion may make additional loans to the Borrower pursuant to clause (a)(ii) and clause (b)(ii) of the Acquisition Guidelines. Each Tranche C Loan (i) may be made from time to time on any Business Day up to thirty (30) days prior to the Maturity Date, (ii) shall be repaid pursuant to the terms hereof and (iii) once repaid may be reborrowed. The aggregate outstanding principal amount of all Tranche C Loans may not exceed at any time the amount of the Tranche C Loan Commitment. The Tranche C Loans shall be evidenced by the Tranche C Note.

Tranche C Loans. As of the Closing Date, the outstanding principal balance of the Existing Tranche C-1 Loan is as set forth on the Closing Statement and the accrued and unpaid interest thereon is as set forth on the Closing Statement, the outstanding principal balance of the Existing Tranche C-2 Loan is as set forth on the Closing Statement, the outstanding principal balance of the Existing Tranche C-3 Loan is as set forth on the Closing Statement, and the Existing Tranche C-3 Accrued Interest is as set forth on the Closing Statement. The Existing Tranche C Loans shall be continued as a Tranche C Loan hereunder. On Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Loan Parties set forth in the Loan Documents, each Lender hereby severally agrees, subject to the conditions contained in this Agreement, the Lender agrees to make additional Tranche C Loans limitations set forth below with respect to the Borrower under as set forth in clause (a)(i) maximum amount of the Acquisition Guidelines and in its sole and absolute discretion may make additional loans Loans permitted to the Borrower pursuant be outstanding from time to clause (a)(ii) and clause (b)(ii) of the Acquisition Guidelines. Each Tranche C Loan (i) may be made time, to lend to Company from time to time during the period from the Effective Date to but excluding the Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Tranche C Commitments to be used for the purposes identified in subsection 2.5A(iii). The original amount of each Lender's Tranche C Commitment is set forth opposite its name on any Business Day up to thirty (30) days prior to Schedule 2.1 annexed hereto and the Maturity Date, (ii) aggregate original amount of the Tranche C Commitments is $20,000,000; provided that the Tranche C Commitments of Lenders shall be repaid adjusted to give effect to any assignments of the Tranche C Commitments pursuant to the terms hereof and (iii) once repaid may be reborrowed. The aggregate outstanding principal amount of all Tranche C Loans may not exceed at any time subsection 10.1B; provided further that the amount of the Tranche C Loan Commitment. The Commitments shall be adjusted from time to time by the amount of any adjustments thereto made pursuant to subsections 2.4A and 2.4B. Each Lender's Tranche C Commitment shall expire on the Commitment Termination Date and all Tranche C Loans shall be evidenced by and all other amounts owed hereunder with respect to the Tranche C NoteLoans and the Tranche C Commitments shall be paid in full no later than that date. Loans made by Lenders pursuant to this subsection 2.1A(iii) are described herein as "Tranche C Loans." Amounts borrowed under this subsection 2.1A(iii) may be repaid and reborrowed (subject to compliance with Section 4) to but excluding the Commitment Termination Date.

Tranche C Loans. As (i) Provided that each of the Closing Dateconditions precedent set forth in Section 3.02 have been satisfied and the aggregate amount of all Tranche A Loans and Tranche B Loans made to Borrower hereunder (notwithstanding any repayment thereof) equal $150,000,000, Borrower may irrevocably request, on one or more occasions, that the outstanding principal balance Lenders increase their respective Tranche C Commitment, up to an aggregate total amount of $50,000,000 or a lesser amount in integral multiples of $10,000,000 (the “Tranche C Commitment Request”). (ii) The Tranche C Commitment Request shall set forth the requested amount of the Existing Tranche C-1 Loan is as set forth on the Closing Statement C Commitment and the accrued and unpaid interest thereon is as set forth on proposed effective date for the Closing Statement, making of Tranche C Loans pursuant to such Tranche C Commitment (which shall not be less than thirty (30) days from the outstanding principal balance date of the Existing Tranche C-2 Loan is as set forth on the Closing Statement, the outstanding principal balance C Commitment Request). The Administrative Agent shall notify each of the Existing Lenders of Borrower’s request and determine whether each such Lender agrees to provide any Tranche C-3 Loan is as set forth on C Commitment (which agreement may be given or withheld at such Lender’s sole and absolute discretion) and, if so, whether by an amount equal to, greater than, or less than its Pro Rata Share of such requested Tranche C Commitment. Any Lender not responding within five (5) Business Days shall be deemed to have declined to provide a Tranche C Commitment. The Administrative Agent shall notify Borrower of the Closing Statementaggregate amount of Tranche C Commitments received from the Lenders, and the Existing date that the Lenders, or any of them, agree to provide and make available the Tranche C-3 Accrued Interest is as set forth C Commitments in accordance with this Section 2.01(c), which date shall be the “Tranche C Commitment Effective Date”, and Borrower agrees to pay all facility fees due hereunder in connection with such Tranche C Commitment on the Closing StatementTranche C Commitment Effective Date. (iii) On and after the Tranche C Commitment Effective Date, Tranche C Commitments received from the Lenders (or any of them) shall be Commitments under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents. The Existing Tranche C Loans shall be continued Borrower and each Loan Party agree to execute and deliver any Incremental Amendment as a Tranche C Loan hereunderlong as each of their other obligations under this Agreement remain unchanged. On The Lenders agree to execute and deliver any Incremental Amendment as long as the principal, interest and fees payable to such Lender remain unchanged. (iv) Subject to the foregoing, each Lender severally agrees, on the terms and subject to the conditions contained set forth in this Agreement, the Lender agrees to make additional Tranche C Loans to the Borrower under as set forth in clause (a)(i) of the Acquisition Guidelines and in its sole and absolute discretion may make additional loans to the Borrower pursuant to clause (a)(ii) and clause (b)(ii) of the Acquisition Guidelines. Each Tranche C Loan (i) may be made from time to time on any Business Day up during the period from the date of this Agreement until the Commitment Termination Date in an amount for each Lender not to thirty (30) days prior to the Maturity Date, (ii) shall be repaid pursuant to the terms hereof and (iii) once repaid may be reborrowed. The aggregate outstanding principal amount of all Tranche C Loans may not exceed at any time the amount of the such Lender’s Unused Tranche C Loan CommitmentCommitment Amount. The Each Borrowing shall be in an aggregate amount not less than $2,500,000 and in integral multiples of $250,000 in excess thereof, and in each case shall consist of Tranche C Loans shall be evidenced by the Lenders ratably according to their respective Tranche C NoteCommitments. Once borrowed, the Borrower may not reborrow any Tranche C Loans that have been repaid, whether in whole or in part.