Common use of Upsized Commitments Clause in Contracts

Upsized Commitments. (a) Subject to the satisfaction of all of the conditions precedent set forth in Section 4 hereof, as of the Effective Date, the Upsizing Lender hereby: (i) severally commits to make one or more Loans to the Borrower pursuant to the provisions of, and subject to the conditions contained in, the Amended Credit Agreement in an amount up to the commitment amount set forth next to such Lender’s name on Exhibit A attached hereto under the caption “Upsized Commitments” (the “Upsized Commitments”); and (ii) agrees, subject to the satisfaction of the conditions set forth in Section 4.02 of the Amended Credit Agreement and the other provisions of the Financing Documents, to make Loans to the Borrower pursuant to the Amended Credit Agreement from time to time after the Effective Date and during the Availability Period in an amount equal to the commitment amount set forth next to such Lender’s name on Exhibit A attached hereto under the caption “Upsized Commitments.” (b) Subject to the satisfaction of all the conditions precedent set forth in Section 4 hereof, as of the Effective Date, each Lender (including the Upsizing Lender) hereby: (i) consents to the incurrence by Borrower of the Upsized Commitments (including any Loans incurred in respect thereof); (ii) agrees that the Upsized Commitments, and any Loans incurred in respect thereof, shall be Commitments and Loans for all purposes under the Credit Agreement; (iii) reaffirms its commitment to make, without duplication of prior commitments and subject to the satisfaction of the conditions set forth in the Financing Documents (including Section 4.02 of the Amended Credit Agreement), Loans to the Borrower pursuant to the Amended Credit Agreement from time to time after the Effective Date and during the Availability Period in an amount equal to the commitment amount set forth next to such Lender’s name on Exhibit A attached hereto under the caption “Total Commitments”; and (iv) consents to the OpCo Loan Parties’ entry into the OpCo Upsizing Amendment and each of the transactions contemplated thereunder.

Upsized Commitments. (a) Subject to the satisfaction of all of the conditions precedent set forth in Section 4 hereof, as of the Third Amendment Effective Date, the Upsizing Lender hereby: (i) severally commits to make one or more Loans to the Borrower pursuant to the provisions of, and subject to the conditions contained in, the Amended Credit Agreement in an amount up to the commitment amount set forth next to such Lender’s name on Exhibit A attached hereto under the caption “Upsized Commitments” (the “Upsized Commitments”); and (ii) agrees, subject to the satisfaction of the conditions set forth in Section 4.02 of the Amended Credit Agreement and the other provisions of the Financing Documents, to make Loans to the Borrower pursuant to the Amended Credit Agreement from time to time after the Third Amendment Effective Date and during the Availability Period in an amount equal to the commitment amount set forth next to such Lender’s name on Exhibit A attached hereto under the caption “Upsized Commitments” (the “Upsized Commitments”).” (b) Subject to the satisfaction of all the conditions precedent set forth in Section 4 hereof, as of the Third Amendment Effective Date, each Lender (including the Upsizing Lender) and each of the Loan Parties hereby: (i) consents to the incurrence by Borrower of the Upsized Commitments (including any Loans incurred in respect thereof); (ii) agrees that the Upsized Commitments, and any Loans incurred in respect thereof, shall be Commitments and Loans for all purposes under the Credit Agreement; (iii) in the case of each Lender, reaffirms its commitment to make, without duplication of prior commitments and subject to the satisfaction of the conditions set forth in the Financing Documents (including Section 4.02 of the Amended Credit Agreement), Loans to the Borrower pursuant to the Amended Credit Agreement from time to time after the Third Amendment Effective Date and during the Availability Period in an amount equal to the commitment amount set forth next to such Lender’s name on Exhibit A attached hereto under the caption “Total Remaining Unfunded Commitments (including Upsized Commitment)”; (iv) agrees that the Upsizing Lender shall fund a non-ratable portion of the immediately succeeding incurrence of Loans by the Borrower in an amount that would result in each Lender having funded the same proportion of Loans as its proportion of Commitments”, which amount is specified in Exhibit A; and (ivv) consents to the OpCo Loan Parties’ entry into the OpCo Upsizing Amendment and each of the transactions contemplated thereunder.