Common use of The Commitments and Borrowings Clause in Contracts

The Commitments and Borrowings. Section 2.01 Revolving Loans. (a) Tranche 1 Revolving Loan Commitment. During the Revolving Commitment Period applicable to the Tranche 1 Revolving Commitments, subject to the terms and conditions hereof, each Tranche 1 Revolving Lender severally agrees to make revolving loans to the Borrower or any Co-Borrower from time to time on any Business Day in Dollars and/or any Alternative Currency (“Tranche 1 Revolving Loans”) in an aggregate amount (expressed in the Dollar Amount thereof in the case of an Alternative Currency) up to but not exceeding such Tranche 1 Revolving Lender’s Tranche 1 Revolving Commitment; provided, that after giving effect to the making of any Tranche 1 Revolving Loans in no event shall (i) the Total Utilization of Tranche 1 Revolving Commitments exceed the First Out Line Cap and (ii) the Total Utilization of Revolving Commitments exceed the Total Line Cap; provided further that no Tranche 1 Revolving Loans may be made unless the amount of outstanding FILO Loans is equal to or greater than the FILO Loan Cap. Within the foregoing limits and subject to the terms and conditions set forth herein (including the Administrative Agent’s authority, in its sole discretion, to make Protective Advances pursuant to the terms of Section 2.02), amounts borrowed pursuant to this Section 2.01(a)(i) may be repaid and reborrowed during the Revolving Commitment Period. Each Tranche 1 Revolving Lender’s Tranche 1 Revolving Commitment shall expire on the Revolving Commitment Termination Date, and all Tranche 1 Revolving Loans and all other amounts owed hereunder with respect to the Tranche 1 Revolving Loans and the Tranche 1 Revolving Commitments shall be paid in full no later than such date. Tranche 1 Revolving Loans shall be available as either Term Benchmark Loans or Base Rate Loans.

The Commitments and Borrowings. Section 2.01 Revolving LoansREVOLVER FACILITY. (a) Tranche 1 Revolving Loan Commitment. During the Revolving Commitment Period applicable to the Tranche 1 Revolving CommitmentsEach Revolver Lender severally, subject to the terms and conditions hereofbut not jointly, each Tranche 1 Revolving Lender severally agrees to make revolving loans lend to the Borrower such Revolver Lender's Pro Rata Share of one or any Co-Borrower from time to time on any Business Day in Dollars and/or any Alternative Currency (“Tranche 1 Revolving Loans”) in an aggregate amount (expressed in the Dollar Amount thereof in the case of an Alternative Currency) up to but not exceeding such Tranche 1 Revolving Lender’s Tranche 1 Revolving Commitment; provided, that after giving effect to the making of any Tranche 1 Revolving Loans in no event shall more Borrowings under (i) the Total Utilization of Tranche 1 Revolving Commitments Acquisition Subfacility (further described in SECTION 2.01(b) below) not to exceed such Lender's Committed Sum under the First Out Line Cap Acquisition Subfacility, and (ii) the Total Utilization of Revolving Commitments Working Capital/Distribution Subfacility (further described in SECTION 2.01(c) below) not to exceed such Lender's Committed Sum under the Total Line Cap; provided further that no Tranche 1 Revolving Loans may be made unless the amount of outstanding FILO Loans is equal to or greater than the FILO Loan CapWorking Capital/Distribution Subfacility. Within the foregoing limits and subject to the terms and conditions set forth herein (including the Administrative Agent’s authority, in its sole discretion, to make Protective Advances pursuant to the terms of Section 2.02), amounts borrowed pursuant to this Section 2.01(a)(i) Such Borrowings may be repaid and reborrowed during from time to time in accordance with the Revolving Commitment Period. Each Tranche 1 Revolving Lender’s Tranche 1 Revolving Commitment shall expire terms and provisions of the Loan Documents; provided that, each such Borrowing must occur on the Revolving Commitment Termination Date, a Business Day and all Tranche 1 Revolving Loans and all other amounts owed hereunder with respect to the Tranche 1 Revolving Loans and the Tranche 1 Revolving Commitments shall be paid in full no later than such date. Tranche 1 Revolving the Business Day immediately preceding the Revolver Maturity Date. (b) Loans under the Acquisition Subfacility shall be available as either Term Benchmark to Borrower for the purposes set forth in SECTION 6.12(b). After giving effect to any Borrowing under the Acquisition Subfacility, the Acquisition Subfacility Principal Debt shall not exceed the Acquisition Subfacility Commitment then in effect. (c) Loans or Base Rate Loansunder the Working Capital/Distribution Subfacility shall be available to Borrower for the purposes set forth in SECTION 6.12(c); provided, however, Borrowings under the Working Capital/Distribution Subfacility will be available to fund Quarterly Distributions only if, at the time of such Borrowing and after giving effect thereto, there is at least $9,000,000.00 of the Working Capital/Distribution Subfacility Commitment undrawn and available for working capital purposes. After giving effect to any Borrowing under the Working Capital/Distribution Subfacility, the Working Capital/Distribution Subfacility Principal Debt shall not exceed the Working Capital/Distribution Subfacility Commitment then in effect.