Common use of Term Loan Commitment Clause in Contracts

Term Loan Commitment. On the Revolving Period Commitment Termination Date (unless such date shall occur as a result of clause (c) of the definition thereof), each Lender will make one term loan (relative to such Lender, its "Term Loan") to the Borrower equal to the lesser of its Revolving Loan and its Percentage of the Term Period Commitment Amount. The Commitment of each Lender described in this Section 2.1.2 is herein referred to as its "Term Loan Commitment". No amounts paid or prepaid with respect to the Term Loans may be reborrowed. LIBO Rate Loans for which the Interest Period shall not have terminated as of the Revolving Period Commitment Termination Date shall be continued as LIBO Rate Loans for the applicable Interest Period and Base Rate Loans shall be continued as Base Rate Loans after the Revolving Period Commitment Termination Date, unless the Borrower shall have elected otherwise by delivery of a Continuation/Conversion Notice pursuant to Section 2.4; provided that such LIBO Rate Loans which shall have converted to Term Loans shall be in a minimum amount of $5,000,000 and an integral multiple of $1,000,000. Any principal repayments received on the Revolving Period Commitment Termination Date for Revolving Loans not converted into Term Loans shall be applied first to Base Rate Loans and, after Base Rate Loans have been paid in full, to LIBO Rate Loans, unless the Borrower shall have otherwise instructed the Agent in writing. Upon a Lender making such Term Loan, its Term Loan Commitment shall terminate and it shall have no further Commitment to make Loans.

Term Loan Commitment. On the Revolving Period Commitment Termination Date (unless such date shall occur as a result of clause (c) of the definition thereof), each Lender will make one term loan (relative to such Lender, its "Term Loan") Subject to the Borrower equal to the lesser of its Revolving Loan terms and its Percentage of the Term Period Commitment Amount. The Commitment of each Lender described in this conditions hereof (including, without limitation, Section 2.1.2 is herein referred to as its "Term Loan Commitment". No amounts paid or prepaid 4.2(c) hereof with respect to the Subsequent Term Loan, as defined below), each Lender, severally, but not jointly, agrees to make term loans (each a “Term Loan” and collectively, the “Term Loans”; the Revolving Loans and the Term Loans may be reborrowed. LIBO Rate Loans for which each a “Loan” and, collectively, the Interest Period shall not have terminated as of “Loans”) to Borrower from time to time on any Business Day during the Revolving Period Commitment Termination period from the Closing Date shall be continued as LIBO Rate Loans for until September 30, 2008 (the applicable Interest Period and Base Rate Loans shall be continued as Base Rate Loans after the Revolving Period “Term Loan Commitment Termination Date”) in an aggregate principal amount not to exceed such Lender’s term loan commitment as identified on Schedule A hereto (such commitment of each Lender as it may be amended to reflect assignments made in accordance with this Agreement or terminated or reduced in accordance with this Agreement, unless its “Term Loan Commitment”, and the Borrower shall have elected otherwise by delivery aggregate of all such commitments, the “Term Loan Commitments”; the Revolving Loan Commitments and the Term Loan Commitments, each a Continuation/Conversion Notice pursuant to Section 2.4; provided that such LIBO Rate Loans which shall have converted to “Commitment” and, collectively, the “Commitments”). Notwithstanding the foregoing, the aggregate principal amount of the Term Loans made hereunder shall not exceed the Total Term Loan Commitment Amount (as defined in Schedule A hereto). Each Lender’s obligation to fund a Term Loan shall be in a minimum amount limited to such Lender’s Pro Rata Share of $5,000,000 and an integral multiple of $1,000,000. Any principal repayments received on the Revolving Period Commitment Termination Date for Revolving Loans not converted into Term Loans shall be applied first to Base Rate Loans and, after Base Rate Loans have been paid in full, to LIBO Rate Loans, unless the Borrower shall have otherwise instructed the Agent in writing. Upon a Lender making such Term Loan, its . Once a Term Loan Commitment shall terminate and is repaid or prepaid, it shall have no further Commitment to make Loanscannot be reborrowed.

Term Loan Commitment. On Subject to the Revolving Period Commitment Termination Date (unless such date shall occur as a result of clause (c) of the definition thereof)terms and conditions hereof, each Lender will Lender, severally, but not jointly, agrees to make one a term loan (relative the “Term Loan”; the Revolving Loans and the Term Loan each a “Loan” and, collectively, the “Loans”) to Borrower on the Closing Date in an aggregate principal amount not to exceed such Lender’s term loan commitment as identified on Schedule A hereto (such commitment of each Lender as it may be amended to reflect assignments made in accordance with this Agreement or terminated or reduced in accordance with this Agreement, its “Term Loan Commitment”, and the aggregate of all such commitments, the “Term Loan Commitments”; the Revolving Loan Commitments and the Term Loan Commitments, each a “Commitment” and, collectively, the “Commitments”). Notwithstanding the foregoing, the aggregate principal amount of the Term Loan made hereunder shall not exceed the Total Term Loan Commitment Amount (as defined in Schedule A hereto). Each Lender’s obligation to fund a Term Loan shall be limited to such Lender, its "Term Loan") to the Borrower equal to the lesser of its Revolving Loan and its Percentage ’s Pro Rata Share of the Term Period Commitment AmountLoan. The Commitment of each Lender described in this Section 2.1.2 is herein referred Subject to as its "the terms and conditions hereof, the Term Loan Commitment"shall be made on the Closing Date in an aggregate principal amount equal to $7,500,000. No amounts paid or prepaid with respect to Once the Term Loans may Loan is repaid or prepaid, it cannot be reborrowed. LIBO Rate Loans for which the Interest Period shall not have terminated as of the Revolving Period Commitment Termination Date shall be continued as LIBO Rate Loans for the applicable Interest Period and Base Rate Loans shall be continued as Base Rate Loans after the Revolving Period Commitment Termination Date, unless the Borrower shall have elected otherwise by delivery of a Continuation/Conversion Notice pursuant to Section 2.4; provided that such LIBO Rate Loans which shall have converted to Term Loans shall be in a minimum amount of $5,000,000 and an integral multiple of $1,000,000. Any principal repayments received on the Revolving Period Commitment Termination Date for Revolving Loans not converted into Term Loans shall be applied first to Base Rate Loans and, after Base Rate Loans have been paid in full, to LIBO Rate Loans, unless the Borrower shall have otherwise instructed the Agent in writing. Upon a Lender making such Term Loan, its Term Loan Commitment shall terminate and it shall have no further Commitment to make Loans.

Term Loan Commitment. On Subject to the Revolving Period Commitment Termination Date (unless such date shall occur as a result of clause (c) terms and conditions hereof, and relying on the representations and warranties of the definition thereof)Loan Parties set forth herein and in the other Loan Documents, each Term Loan Lender will severally agrees to make one term loan (relative Term Loans to Borrower on the Closing Date in an aggregate amount not to exceed such Term Loan Lender, its "Term Loan") to the Borrower equal to the lesser of its Revolving Loan and its Percentage of the Term Period Commitment Amount. The Commitment of each Lender described in this Section 2.1.2 is herein referred to as its "’s Term Loan Commitment"; provided that, after giving effect to the making of any Term Loan, (A) in no event shall the aggregate principal amount of all Term Loans extended and pending extension prior to such date exceed the Term Loan Commitments of all Lenders and (B) in no event shall the aggregate principal amount of all Term Loans extended and pending extension by such Term Loan Lender prior to such date exceed such Term Loan Lender’s Term Loan Commitment. No Any amounts paid borrowed under this Section 2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Section 2.13 and Section 2.14, all amounts owed hereunder with respect to the Term Loans may be reborrowed. LIBO Rate Loans for which the Interest Period shall not have terminated as of the Revolving Period Commitment Termination Date shall be continued as LIBO Rate Loans for the applicable Interest Period and Base Rate Loans shall be continued as Base Rate Loans after the Revolving Period Commitment Termination Date, unless the Borrower shall have elected otherwise by delivery of a Continuation/Conversion Notice pursuant to Section 2.4; provided that such LIBO Rate Loans which shall have converted to Term Loans shall be in a minimum amount of $5,000,000 and an integral multiple of $1,000,000. Any principal repayments received on the Revolving Period Commitment Termination Date for Revolving Loans not converted into Term Loans shall be applied first to Base Rate Loans and, after Base Rate Loans have been paid in full, to LIBO Rate Loans, unless full no later than the Borrower shall have otherwise instructed the Agent in writingMaturity Date. Upon a Lender making such Each Term Loan, its Loan Lender’s Term Loan Commitment shall (i) automatically and permanently be reduced by the amount of each Term Loan made hereunder by such Term Loan Lender, and (ii) terminate immediately and it shall have no without further Commitment to make Loansaction concurrent with the initial extension of credit under this Agreement on the Closing Date.

Term Loan Commitment. On Subject to the Revolving Period Commitment Termination Date (unless such date shall occur as a result of clause (c) of terms and conditions hereof and in reliance upon the definition thereof), representations and warranties set forth herein each Lender will severally agrees to make one available to the Borrower (i) on the Closing Date, such Lender's Initial Term Loan Percentage of a term loan in Dollars (relative to the "Initial Term Loan") in the aggregate principal amount of SIXTY MILLION DOLLARS ($60,000,000.00) (the "Initial Term Loan Committed Amount") and (ii) on December 13, 2001, such Lender's Add-On Term Loan Percentage of a term loan in Dollars (the "Add-On Term Loan") in the aggregate principal amount of TWENTY-FIVE MILLION DOLLARS ($25,000,000.00) (collectively, its the Initial Term Loan and the Add-On Term Loan may be referred to herein as the "Term Loan") ; each component thereof may be referred to the Borrower equal to the lesser of its Revolving Loan and its Percentage of the herein as a "Term Period Commitment AmountLoan"). The Commitment of each Lender described in this Section 2.1.2 is herein referred to as its "Term Loan Commitment". No amounts paid or prepaid with respect to the Term Loans may be reborrowed. LIBO Rate Loans for which the Interest Period shall not have terminated as consist of the Revolving Period Commitment Termination Date shall be continued as LIBO Rate Loans for the applicable Interest Period and Base Rate Loans shall be continued or Eurodollar Loans, or a combination thereof, as Base Rate Loans after the Revolving Period Commitment Termination Date, unless the Borrower shall have elected otherwise by delivery of a Continuation/Conversion Notice pursuant to Section 2.4may request; provided provided, however, that such LIBO Rate no more than 6 Eurodollar Loans which shall have converted to are Term Loans shall be in a minimum amount of $5,000,000 and an integral multiple of $1,000,000. Any principal repayments received outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the Revolving Period Commitment Termination Date for Revolving Loans not converted into Term Loans shall same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be applied first combined at the end of existing Interest Periods to Base Rate Loans and, after Base Rate Loans have been paid in full, to LIBO Rate Loans, unless constitute a new Eurodollar Loan with a single Interest Period). Amounts repaid on the Borrower shall have otherwise instructed the Agent in writing. Upon a Lender making such Term Loan, its Term Loan Commitment shall terminate and it shall have no further Commitment to make Loansmay not be reborrowed.

Term Loan Commitment. On Each Lender agrees, severally, but not jointly, upon the Revolving Period Commitment Termination terms and subject to the conditions of this Agreement, to make, to the Borrower an advance (the “Term Loan”) on the Closing Date in the principal amount equal to such Lender’s Term Loan Commitment. Each Lender’s Term Loan shall be evidenced by a promissory note (unless each a “Term Note”) duly executed and delivered by the Borrower prior to the funding of the Term Loan in the form attached hereto as Exhibit B, and be repayable in accordance with the terms of, such Term Note and this Agreement. Borrower shall repay the outstanding principal and accrued interest of the Loan to the Agent for the pro rata benefit of the Lenders (payable monthly in arrears) in 60 consecutive monthly Installments as set forth on Schedule B, due and payable on the first day of each calendar month beginning on the Commencement Date, together with a payment of the interim interest for the Loan in accordance with Section 1.5(b) and a payment of the entire balance of the Loan on the Maturity Date; provided, however, that the first 12 monthly Installments due and payable hereunder shall be payments of accrued interest only. If an Installment is not paid in full within 5 Business Days of the date payment of such Installment is due hereunder or under the Term Note evidencing the same the Borrower shall occur as pay to Agent, for the pro rata benefit of the Lenders, a result of clause late fee in an amount equal to two and a half percent (c2.5%) of the definition thereof)amount of such Installment which late fee constitutes liquidated damages for loss of a bargain and is not a penalty. Once repaid, each Lender will make one term loan (relative to such Lender, its "Term Loan") to the Borrower equal to the lesser of its Revolving Loan and its Percentage of any amount borrowed under the Term Period Commitment Amount. The Loan Commitment of each Lender described in this may not be re-borrowed. Subject to Section 2.1.2 is herein referred to as its "Term Loan Commitment". No 1.2, all amounts paid or prepaid owed hereunder with respect to the Term Loans may be reborrowed. LIBO Rate Loans for which the Interest Period shall not have terminated as of the Revolving Period Commitment Termination Date Loan shall be continued as LIBO Rate Loans for the applicable Interest Period and Base Rate Loans shall be continued as Base Rate Loans after the Revolving Period Commitment Termination Date, unless the Borrower shall have elected otherwise by delivery of a Continuation/Conversion Notice pursuant to Section 2.4; provided that such LIBO Rate Loans which shall have converted to Term Loans shall be in a minimum amount of $5,000,000 and an integral multiple of $1,000,000. Any principal repayments received on the Revolving Period Commitment Termination Date for Revolving Loans not converted into Term Loans shall be applied first to Base Rate Loans and, after Base Rate Loans have been paid in full, to LIBO Rate Loans, unless full no later than the Borrower shall have otherwise instructed the Agent in writing. Upon a Lender making such Term Loan, its Term Loan Commitment shall terminate and it shall have no further Commitment to make LoansMaturity Date.