Common use of Term Loan Amounts Clause in Contracts

Term Loan Amounts. On the terms and subject to the conditions set forth herein and in the other Financing Documents, the Lenders severally hereby agree to make to Borrowers one or more term loans on one or more Business Days occurring after the Closing Date and on or prior to the Term Loan Commitment Termination Date (each, a “Term Loan Funding Date”) in an original aggregate principal amount not to exceed the Term Loan Commitments on such Term Loan Funding Date (each such advance, a “Term Loan Advance” and collectively, the “Term Loan”); provided that (i) the amount of any Term Loan Advance requested by Borrowers at such time shall not exceed the Term Loan Availability at such time, (ii) each Term Loan Advance shall be in a principal amount of $2,500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the remaining amount of the Term Loan Commitments) and (iii) each Term Loan Advance shall reduce and partially terminate the Term Loan Commitment on a dollar-for-dollar basis. Each Lender’s obligation to fund the Term Loan shall be limited to such Lender’s Term Loan Commitment Percentage, and no Lender shall have any obligation to fund any portion of the Term Loan required to be funded by any other Lender, but not so funded. Unless previously terminated, upon the Term Loan Commitment Termination Date, the Term Loan Commitments shall thereupon automatically be terminated and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitments. No Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. Borrowers shall deliver to Agent a Notice of Borrowing with respect to each proposed Term Loan Advance, such Notice of Borrowing to be delivered no later than noon (Eastern time) two (2) Business Days prior to such proposed borrowing.

Term Loan Amounts. On the terms and subject to the conditions set forth herein and in the other Financing Documentsherein, the Lenders severally hereby agree to make to Borrowers one or more a term loans on one or more Business Days occurring after the Closing Date and on or prior loan in an original principal amount equal to the Term Loan Commitment Termination Date (each, a “Term Loan Funding Date”) in an original aggregate principal amount not to exceed the Term Loan Commitments on such Term Loan Funding Date (each such advance, a “Term Loan Advance” and collectively, the “Term Loan”"TERM LOAN"); provided that (i) the amount of any Term Loan Advance requested by Borrowers at such time shall not exceed the Term Loan Availability at such time, (ii) each Term Loan Advance shall be in a principal amount of $2,500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the remaining amount of the Term Loan Commitments) and (iii) each Term Loan Advance shall reduce and partially terminate the Term Loan Commitment on a dollar-for-dollar basis. Each Lender’s 's obligation to fund the Term Loan shall be limited to such Lender’s 's Term Loan Commitment Percentage, and no Lender shall have any obligation to fund any portion of the any Term Loan required to be funded by any other Lender, but not so funded. Unless previously terminated, upon the Term Loan Commitment Termination Date, the Term Loan Commitments shall thereupon automatically be terminated and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitments. No Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. Subject to the terms and conditions contained herein, the Term Loan may be funded in two advances (each such advance being hereinafter referred to as a "TRANCHE") in an aggregate amount not to exceed the Term Loan Commitment, but no advances under the Term Loan shall be made after the Commitment Expiry Date. The initial Tranche of the Term Loan (the "TRANCHE A ADVANCE") shall be advanced on the date hereof in the amount of Twelve Million Dollars ($12,000,000). The second Tranche of the Term Loan (the "TRANCHE B ADVANCE") may be advanced in a single advance at any time through the Commitment Expiry Date and may not exceed Twelve Million Dollars ($12,000,000); provided, however, that the Tranche B Advance shall not be advanced at any time that either the Market Cap Condition or the Opana Condition has not been satisfied. Borrowers shall deliver to Administrative Agent a Notice of Borrowing with respect to each proposed Term Loan Advanceadvance, such Notice of Borrowing to be delivered no later than noon (Eastern Chicago time) two (2) Business Days prior to such proposed borrowingthe funding date of the applicable advance.

Term Loan Amounts. (A) On the terms and subject to the conditions set forth herein, each Lender with a Term Loan Tranche 1 Commitment made to Borrowers a term loan on the Closing Date in an original aggregate principal amount equal to $40,000,000 (the “Term Loan Tranche 1”). (B) On the terms and subject to the conditions set forth herein and in the other Financing Documents, each Lender with a Term Loan Tranche 2 Commitment made to Borrowers a term loan, which was made in two installments on and prior to the Lenders Third Amendment Effective Date, in an original aggregate amount of $20,461,166 (the “Term Loan Tranche 2”); (C) On the terms and subject to the conditions set forth herein, each Lender with a Term Loan Tranche 3 Commitment severally hereby agree agrees to make to Borrowers one or more a term loans loan on one or more Business Days occurring after the Closing Fourth Amendment Effective Date and on or prior to the Term Loan Commitment Termination Date (each, a “Term Loan Funding Date”) in an original aggregate principal amount not to exceed of $25,000,000 (the Term Loan Commitments on such Term Loan Funding Date (each such advance, a “Term Loan Advance” and collectively, the “Term LoanTranche 3”); provided that (i) the amount of any Term Loan Advance requested by Borrowers at such time shall not exceed the Term Loan Availability at such time, (ii) each Term Loan Advance shall be in a principal amount of $2,500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the remaining amount of the Term Loan Commitments) and (iii) each Term Loan Advance shall reduce and partially terminate the Term Loan Commitment on a dollar-for-dollar basis. Each such Lender’s obligation to fund the Term Loan Tranche 3 shall be limited to such Lender’s Term Loan Commitment PercentagePercentage of the Term Loan Tranche 3, and no Lender shall have any obligation to fund any portion of the any Term Loan required to be funded by any other Lender, but not so funded. Unless previously terminated, upon the Term Loan Commitment Termination Date, the Term Loan Commitments shall thereupon automatically be terminated and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitments. . (D) No Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. Borrowers shall deliver to Agent a Notice of Borrowing with respect to each proposed Term Loan Advanceadvance, such Notice of Borrowing to be delivered no later than noon (Eastern time) two (2) Business Days prior to such proposed borrowing; provided that for the borrowing of the Term Loan on the Closing Date, Borrower may deliver the Notice of Borrowing on the Closing Date; provided further that, with respect to Term Loan Tranche 2, Borrowers further shall provide Agent written notice of its intent to borrow not less than thirty (30) days prior to such proposed borrowing, which notice shall set forth the proposed date of borrowing, except in connection with the $5,000,000 advance of the Term Loan Tranche 2 on the Second Amendment Effective Date when such prior notice shall not be required.

Term Loan Amounts. On the terms and subject to the conditions set forth herein and in the other Financing Documentsherein, the Lenders each Lender severally hereby agree agrees to make to Borrowers one or more a term loans on one or more Business Days occurring after the Closing Date and on or prior loan in an original principal amount equal to the such Lender’s Term Loan Commitment Termination Date Percentage (each, a “Term Loan Funding Date”) in an original aggregate principal amount not to exceed the Term Loan Commitments on such Term Loan Funding Date (each such advance, a “Term Loan Advance” and collectively, the “Term Loan”); provided that (i) the amount of any Term Loan Advance requested by Borrowers at such time shall not exceed the Term Loan Availability at such time, (ii) each Term Loan Advance shall be in a principal amount of $2,500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the remaining amount of the Term Loan Commitments) and (iii) each Term Loan Advance shall reduce and partially terminate the Term Loan Commitment on a dollar-for-dollar basis. Each Lender’s obligation to fund the Term Loan shall be limited to such Lender’s Term Loan Commitment Percentage, and no Lender shall have any obligation to fund any portion of the any Term Loan required to be funded by any other Lender, but not so funded. Unless previously terminatedNo Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. The Term Loan may be funded in no more than three (3) advances of no less than $2,000,000 each (each, upon a “Draw”), and in an aggregate amount not to exceed the Term Loan Commitment; provided, however, that no Draws under the Term Loan may be made at any time after October 15, 2007, and any portion of the Term Loan Commitment Termination Datenot funded as of 5:00pm (Chicago time) on October 15, the Term Loan Commitments 2007 shall thereupon automatically be terminated terminated, and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan CommitmentsCommitment. No Borrower shall have any right to reborrow any portion of The initial Draw made under the Term Loan that is repaid or prepaid from time to timeshall be in an amount of not less than $7,500,000 and shall be advanced on the Closing Date. Borrowers shall deliver to Administrative Agent a Notice of Borrowing with respect to each proposed Term Loan AdvanceDraw, such Notice of Borrowing to be delivered no later than noon (Eastern Chicago time) two five (25) Business Days prior to such proposed borrowingDraw.

Term Loan Amounts. On the terms and subject to the conditions set forth herein and in the other Financing Documentsherein, the Lenders severally hereby agree to make to Borrowers one or more a term loans on one or more Business Days occurring after the Closing Date and on or prior loan in an original principal amount equal to the Term Loan Commitment Termination Date (each, a “Term Loan Funding Date”) in an original aggregate principal amount not to exceed the Term Loan Commitments on such Term Loan Funding Date (each such advance, a “Term Loan Advance” and collectively, the “Term Loan”); provided that (i) the amount of any Term Loan Advance requested by Borrowers at such time shall not exceed the Term Loan Availability at such time, (ii) each Term Loan Advance shall be in a principal amount of $2,500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the remaining amount of the Term Loan Commitments) and (iii) each Term Loan Advance shall reduce and partially terminate the Term Loan Commitment on a dollar-for-dollar basis. Each Lender’s obligation to fund the Term Loan shall be limited to such Lender’s Term Loan Commitment Percentage, and no Lender shall have any obligation to fund any portion of the any Term Loan required to be funded by any other Lender, but not so funded. Unless previously terminatedNo Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. The Term Loan may be funded in multiple advances in an aggregate amount not to exceed the Term Loan Commitment, upon but no advances under the Term Loan shall be made after December 31, 2007, and any portion of the Term Loan Commitment Termination Datenot funded as of the close of business on such December 31, the Term Loan Commitments 2007 shall thereupon automatically be terminated and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan CommitmentsCommitment. No Borrower Lenders shall have no obligation to make more than one (1) advance in respect of the Term Loan per calendar month and Lenders shall have no obligation to make any right to reborrow any portion advance of the Term Loan that is repaid or prepaid from time to timeless than $1,000,000 (other than any final disbursement). Borrowers shall deliver to Administrative Agent a Notice of Borrowing with respect to each proposed Term Loan Advanceadvance, such Notice of Borrowing to be delivered no later than noon 2:00 PM (Eastern Chicago time) two (2) Business Days prior to such proposed borrowing.

Term Loan Amounts. On the terms and subject to the conditions set forth herein and in the other Financing Documentsherein, the Lenders severally hereby agree to make to Borrowers one or more a term loans on one or more Business Days occurring after the Closing Date and on or prior loan in an original principal amount equal to the Term Loan Commitment Termination Date (each, a “Term Loan Funding Date”) in an original aggregate principal amount not to exceed the Term Loan Commitments on such Term Loan Funding Date (each such advance, a “Term Loan Advance” and collectively, the “Term Loan”); provided that (i) the amount of any Term Loan Advance requested by Borrowers at such time shall not exceed the Term Loan Availability at such time, (ii) each Term Loan Advance shall be in a principal amount of $2,500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the remaining amount of the Term Loan Commitments) and (iii) each Term Loan Advance shall reduce and partially terminate the Term Loan Commitment on a dollar-for-dollar basis. Each Lender’s obligation to fund the Term Loan shall be limited to such Lender’s Term Loan Commitment Percentage, and no Lender shall have any obligation to fund any portion of the any Term Loan required to be funded by any other Lender, but not so funded. Unless previously terminatedNo Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. The Term Loan may be funded in multiple advances in an aggregate amount not to exceed the Term Loan Commitment, upon but no advances under the Term Loan shall be made after June 30, 2007, and any portion of the Term Loan Commitment Termination Datenot funded as of the close of business on such June 30, the Term Loan Commitments 2007 shall thereupon automatically be terminated and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan CommitmentsCommitment. No Borrower Lenders shall have no obligation to make more than one (1) advance in respect of the Term Loan per calendar month and Lenders shall have no obligation to make any right to reborrow any portion advance of the Term Loan that is repaid or prepaid from time to timeless than $1,000,000 (other than any final disbursement). Borrowers shall deliver to Administrative Agent a Notice of Borrowing with respect to each proposed Term Loan Advanceadvance, such Notice of Borrowing to be delivered no later than noon 2:00 PM (Eastern Chicago time) two (2) Business Days prior to such proposed borrowing. Notwithstanding anything to the contrary provided for in the foregoing or otherwise in this Agreement, as of the close of business on March 31, 2007, if the total aggregate amount of all advances under the Term Loan requested by Borrowers and funded by Lenders as of such date does not equal or exceed $10,000,000, then as of such date the Term Loan Commitment shall be automatically reduced by an amount equal to the difference between $10,000,000 and such total aggregate amount of all advances under the Term Loan made as of such date and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitment.

Term Loan Amounts. On the terms and subject to the conditions set forth herein and in the other Financing Documentsthis Agreement, the Lenders severally hereby agree to make to Borrowers one or more Borrower a term loans on one or more Business Days occurring after the Closing Date and on or prior to the Term Loan Commitment Termination Date (each, a “Term Loan Funding Date”) loan in an original aggregate principal amount not to exceed in the form of Term Loan Commitments on such Tranche 1 and Term Loan Funding Date Tranche 2 (each such advanceterm loan, a “Term Loan Advance” and collectively, the “Term Loan”); provided that (i) the amount of any Term Loan Advance requested by Borrowers at such time shall not exceed the Term Loan Availability at such time, (ii) each Term Loan Advance shall be in a principal amount of $2,500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the remaining amount of the Term Loan Commitments) and (iii) each Term Loan Advance shall reduce and partially terminate the Term Loan Commitment on a dollar-for-dollar basis. Each Lender’s obligation to fund the each of Term Loan Tranche 1 and Term Loan Tranche 2 shall be limited to such Lender’s Term Loan Commitment PercentagePercentage with respect thereto, and no Lender shall have any obligation to fund any portion of the any Term Loan required to be funded by any other Lender, but not so funded. Unless previously terminated, upon the Term Loan Commitment Termination Date, the Term Loan Commitments shall thereupon automatically be terminated and the Term Loan Commitment Amount of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term Loan Commitments. No Borrower shall have any right to reborrow any portion of the Term Loan that is repaid or prepaid from time to time. (A) The Term Loan Tranche 1 shall be funded in one advance in the amount of $5,000,000 on the Closing Date. (B) For the period beginning on the date that Borrower has met the Net Revenue Threshold (which date shall in no instance be prior to January 1, 2016) through and including July 31, 2016 (the “Tranche 2 Draw Period”), Borrower may in its sole discretion request one or more additional Term Loans under Term Loan Tranche 2 (each a “Tranche 2 Request”). Each Term Loan disbursement in respect of a Tranche 2 Request shall be in a minimum amount of $2,500,000, and the total aggregate Term Loan disbursements in respect of all Tranche 2 Requests shall not exceed $10,000,000. Borrowers shall deliver to Agent a Tranche 2 Request in the form of a Notice of Borrowing with respect to each the proposed Term Loan Advanceadvance, such Notice of Borrowing to be delivered no later than noon (Eastern time) two (2) Business Days prior to such proposed borrowingthe requested funding date.