Common use of Making of the Loans Clause in Contracts

Making of the Loans. (a) On the Initial Closing Date, the Lenders with an Initial Loan Commitment made the Initial Loan to the Borrower pursuant to the terms of the Original Credit Agreement. The principal amount of the Initial Loan outstanding on the date hereof is $30,000,000. The Borrower hereby agrees that it is liable to repay the Initial Loan pursuant to the terms and conditions set forth in this Credit Agreement and in the other Loan Documents. (b) Each Lender with an Additional Loan Commitment severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, on the Closing Date to make the Additional Loan to the Borrower in a single drawing in an aggregate principal amount not to exceed the amount of such Lender's Additional Loan Commitment; PROVIDED that the aggregate principal amount of the Additional Loan shall not exceed $20,000,000. (c) The Additional Loan shall be made by the Lenders simultaneously and in accordance with their respective Additional Loan Commitments. The failure of any Lender to make its portion of the Additional Loan shall neither relieve any other Lender of its obligation to fund its portion of the Additional Loan in accordance with the provisions of this Credit Agreement nor increase the obligation of any such other Lender. (d) Any portion of any Loan that is repaid may not be reborrowed. (e) The Administrative Agent, without the request of the Borrower, may advance any interest, fee, service charge, or other payment to which any Agent or their Affiliates or any Lender is entitled from the Borrower pursuant hereto or any other Loan Document and may charge the same to the Loan Account. The Administrative Agent shall advise the Borrower of any such advance or charge promptly after the making thereof. Any amount which is added to the principal balance of the Loan Account as provided in this Section 2.1(e) shall bear interest at the Interest Rate and shall be payable on the Maturity Date.

Making of the Loans. (a) On the Initial Closing Date, the Lenders with an Initial Loan Commitment made the Initial Loan to the Borrower pursuant to the terms of the Original Credit Agreement. On the Additional Loan Closing Date, the Lenders with an Additional Loan Commitment made the Additional Loan to the Borrower pursuant to the terms of the First Amended Credit Agreement. The aggregate principal amount of the Initial Loan and the Additional Loan outstanding on the date hereof (including all PIK Interest accrued thereon) is $30,000,00056,413,333. The Borrower hereby agrees that it is liable to repay the Initial Loan and the Additional Loan (including all PIK Interest accrued thereon) pursuant to the terms and conditions set forth in this Credit Agreement and in the other Loan Documents. (b) Each Lender with an a Second Additional Loan Commitment severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, on the Closing Date to make the Second Additional Loan to the Borrower in a single drawing in an aggregate principal amount not to exceed the amount of such Lender's Second Additional Loan Commitment; PROVIDED provided that the aggregate principal amount of the Second Additional Loan shall not exceed $20,000,000. (c) 12,500,000. The Second Additional Loan shall be made by the Lenders simultaneously and in accordance with their respective Second Additional Loan Commitments. The failure of any Lender to make its portion of the Second Additional Loan shall neither relieve any other Lender of its obligation to fund its portion of the Second Additional Loan in accordance with the provisions of this Credit Agreement nor increase the obligation of any such other Lender. (c) Each Lender with a Third Additional Loan Commitment severally and not jointly with any other Lender agrees, upon the terms and subject to the conditions herein set forth, during the period commencing after the Closing Date and ending on the Final Loan Funding Date, to make one or more Third Additional Loans to the Borrower, upon the satisfaction of the applicable Third Additional Loan Funding Conditions, in an aggregate amount not to exceed such Lender's Third Additional Loan Commitment; provided that the aggregate principal amount of all Third Additional Loans shall not exceed $12,500,000. Each Third Additional Loan shall be made by the Lenders simultaneously and in accordance with their respective Third Additional Loan Commitments. The failure of any Lender to make its portion of the Third Additional Loan in accordance with its Third Additional Loan Commitments shall neither relieve any other Lender of its obligation to fund its portion of the Third Additional Loan in accordance with the provisions of this Credit Agreement nor increase the obligation of any such other Lender. Each Lender's Third Additional Loan Commitment shall be automatically and permanently reduced by the amount of the Third Additional Loan made by it on the date on which such Third Additional Loan is made. (d) Any portion of any Loan that is repaid may not be reborrowed. (e) The Administrative Agent, without the request of the Borrower, may advance any interest, fee, service charge, or other payment to which any Agent or their Affiliates or any Lender is entitled from the Borrower pursuant hereto or any other Loan Document and may charge the same to the Loan Account. The Lenders and the Borrower confirm that any charges which the Administrative Agent may so make to the Loan Account of the Borrower as herein provided will be made as an accommodation to the Borrower and solely at the Administrative Agent's discretion, provided that the Administrative Agent shall from time to time upon the request of the Collateral Agent, charge the Loan Account of the Borrower with any amount due and payable under any Loan Document, including, without limitation, any Collateral Agent Advance. The Administrative Agent shall advise the Borrower of any such advance or charge promptly after the making thereof. Any amount which is added to the principal balance of the Loan Account as provided in this Section 2.1(e) shall bear interest at the Interest Rate and shall be payable on the Maturity Date.

Making of the Loans. (a) On the Initial Closing Date, the Lenders with an Initial Loan Commitment made the Initial Loan to the Borrower pursuant to the terms of the Original Credit Agreement. The principal amount of the Initial Loan outstanding on the date hereof is $30,000,000. The Borrower hereby agrees that it is liable to repay the Initial Loan pursuant to the terms and conditions set forth in this Credit Agreement and in the other Loan Documents. (b) Each Lender with an Additional Loan Commitment severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, on the Closing Date to make the Additional Loan to the Borrower in a single drawing in an aggregate principal amount not to exceed the amount of such Lender's ’s Additional Loan Commitment; PROVIDED provided that the aggregate principal amount of the Additional Loan shall not exceed $20,000,000. (c) The Additional Loan shall be made by the Lenders simultaneously and in accordance with their respective Additional Loan Commitments. The failure of any Lender to make its portion of the Additional Loan shall neither relieve any other Lender of its obligation to fund its portion of the Additional Loan in accordance with the provisions of this Credit Agreement nor increase the obligation of any such other Lender. (d) Any portion of any Loan that is repaid may not be reborrowed. (e) The Administrative Agent, without the request of the Borrower, may advance any interest, fee, service charge, or other payment to which any Agent or their Affiliates or any Lender is entitled from the Borrower pursuant hereto or any other Loan Document and may charge the same to the Loan Account. The Administrative Agent shall advise the Borrower of any such advance or charge promptly after the making thereof. Any amount which is added to the principal balance of the Loan Account as provided in this Section 2.1(e) shall bear interest at the Interest Rate and shall be payable on the Maturity Date.