Acquisition Facility Loans. (a) Subject to the terms and conditions hereof, each Acquisition Facility Lender severally shall make revolving credit loans under the Acquisition Facility Commitments (the “Acquisition Facility Loans”) to any Borrower in an amount requested by the Borrowers’ Agent on behalf of such Borrower from time to time during the Acquisition Facility Commitment Period in an aggregate principal amount at any one time outstanding which does not exceed such Acquisition Facility Lender’s Acquisition Facility Commitment at such time; provided that, after giving effect to any Acquisition Facility Loan requested by the Borrowers’ Agent on behalf of any Borrower, each of the conditions set forth in Section 6.2 shall be satisfied or waived. During the Acquisition Facility Commitment Period, each Borrower may borrow, prepay the Acquisition Facility Loans in whole or in part, and reborrow Acquisition Facility Loans, all in accordance with the terms and conditions hereof.
(b) Acquisition Facility Loans may be denominated only in United States Dollars and may from time to time be (i) Eurodollar Loans, (ii) Base Rate Loans or (iii) a combination thereof, in each case, as the Borrowers shall notify the Administrative Agent in accordance with Sections 2.4 and 4.3. No Acquisition Facility Loan shall be made as a Eurodollar Loan after the day that is one (1) month prior to the Acquisition Facility Commitment Termination Date.
Acquisition Facility Loans. Upon the satisfaction of the conditions precedent set forth in Sections 5.1 and 5.2, from and including the date of this Agreement and prior to the Termination Date, each Lender having an Acquisition Facility Loan Commitment severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make revolving loans to the Borrower from time to time, in Dollars, in an amount not to exceed such Lender's Acquisition Facility Pro Rata Share of Acquisition Facility Availability at such time (each individually, an "Acquisition Facility Loan" and, collectively, the "Acquisition Facility Loans"); provided, however, at no time shall the outstanding principal balance of the Acquisition Facility Loans exceed the Acquisition Facility Availability. Subject to the terms of this Agreement (including, without limitation, the restrictions on use of proceeds of the Acquisition Facility Loans as set forth in Section 7.2(J)), the Borrower may borrow, repay and reborrow Acquisition Facility Loans at any time prior to the Acquisition Facility Loan Termination Date. The Acquisition Facility Loans (if any) made on the Closing Date shall initially be Floating Rate Loans and thereafter may be continued as Floating Rate Loans or converted into Eurodollar Rate Loans in the manner provided in Section 2.10 and subject to the other conditions and limitations therein set forth and set forth in this Article II. On the Acquisition Facility Loan Termination Date, the Borrower shall repay in full the outstanding principal balance of the Acquisition Facility Loans. Each Advance under this Section 2.2A shall consist of Acquisition Facility Loans made by each Lender ratably in proportion to such Lender's respective Acquisition Facility Pro Rata Share.
Acquisition Facility Loans. Subject to the terms and conditions set forth herein, each Acquisition Facility Lender severally agrees to make loans (each such loan, an "Acquisition Facility Loan") to the Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender's Acquisition Facility Commitment; provided, however, that after giving effect to any Acquisition Facility Borrowing, the Outstanding Amount of all Acquisition Facility Loans shall not exceed the Aggregate Acquisition Facility Commitments. Within the limits of each Lender's Acquisition Facility Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.04, and reborrow under this Section 2.01(b). Acquisition Facility Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein.
Acquisition Facility Loans. 25 2.03 The Term Loan and the ESOP Loan........................... 25 2.04
Acquisition Facility Loans. Subject to the terms and conditions hereof each Acquisition Facility Lender severally agrees at any time and from time to time on and after the Effective Date and prior to the expiration of the Acquisition Facility Funding Period, to make and maintain term loans in an amount up to such Lender's Acquisition Facility Commitment (the "Acquisition Facility Loans") to the Company for the purpose of funding Permitted Acquisitions, which Loans (1) shall, at the option of the Company, be made and maintained pursuant to one or more Advances comprised of Alternate Base Rate Advances or LIBOR Rate Advances; provided that all Loans comprising all or a portion of the same Advance shall when made be of the same Type, (2) in the case of any LIBOR Rate Advance, shall be made in the minimum amount of $1,000,000 and integral multiples of $100,000, (3) in the case of any Alternate Base Rate Advance, shall be made in the minimum amount of $250,000 (or if less, in the aggregate amount of the unutilized Acquisition Facility Commitments) and integral multiples of $50,000, and (4) once repaid may not be reborrowed. Notwithstanding the foregoing, the aggregate outstanding principal balance of all Acquisition Facility Loans shall not exceed the Lenders' Acquisition Facility Commitments.
Acquisition Facility Loans. Whenever the Company requires an Advance under the Acquisition Facility Loans during the Acquisition Facility Funding Period, it shall give written notice thereof (or telephonic notice promptly confirmed in writing) to the Agent (i) in the case of an Alternate Base Rate Advance, not later than 11:00 a.m. (Houston, Texas time) on the date of such Advance and (ii) in the case of a LIBOR Rate Advance, not later than 11:00 a.m. (Houston, Texas time) three (3) Business Days prior to the date of such Advance. Each such notice shall be irrevocable, shall specify the aggregate principal amount of such Advance and the date of such Advance (which shall be a Business Day) and shall specify, (A) the aggregate principal amount of the Advance to be made, (B) the date of such Advance (which shall be a Business Day), (C) whether it is to be an Alternate Base Rate Advance or a LIBOR Rate Advance and (D) if the proposed Advance is to be a LIBOR Rate Advance, the initial Interest Period to be applicable thereto. The Agent shall promptly give the Acquisition Facility Lenders written notice or telephonic notice (promptly confirmed in writing) of each proposed Acquisition Facility Loan, of each Acquisition Facility Lender's proportionate share thereof and of the other matters covered by each such notice.
Acquisition Facility Loans. The obligation of each Lender to make any Acquisition Facility Loan is subject to the further conditions precedent that on the date of such Credit Event, unless waived by the Majority Lenders:
Acquisition Facility Loans. The DSCR for each Acquisition Facility Loan shall be at least 1.25. Borrower acknowledges that such DSCR will be calculated upon the making of the New Acquisition Loan as more particularly set forth in Section 3.2(a)(ii), and recalculated quarterly.
Acquisition Facility Loans. (a) Subject to the terms and conditions hereof, each Acquisition Facility Lender severally shall make loans under the Acquisition Facility Commitments (the “Acquisition Facility Loans”) to the Borrowers in an amount requested by the applicable Borrower from time to time during the Acquisition Facility Commitment Period in an aggregate principal amount at any one time outstanding which does not exceed such Acquisition Facility Lender’s Acquisition Facility Commitment at such time; provided that, after giving effect to any Acquisition Facility Loan requested by any Borrower, each of the conditions set forth in Section 6.2 shall be satisfied or waived. During the Acquisition Facility Commitment Period, the Borrowers may borrow, prepay the Acquisition Facility Loans in whole or in part, and reborrow Acquisition Facility Loans, all in accordance with the terms and conditions hereof.
(b) Acquisition Facility Loans may be denominated only in United States Dollars and may from time to time be (i) Eurocurrency Loans, (ii) Base Rate Loans or (iii) a combination thereof, in each case, as the applicable Borrower shall notify the Administrative Agent in accordance with Sections 2.5 and 4.
Acquisition Facility Loans. Each applicable Borrower may, upon notice from the Company to the Administrative Agent, at any time or from time to time voluntarily prepay the Acquisition Facility Loan in whole or in part without premium or penalty; provided that (A) such notice must be received by the Administrative Agent not later than 11:00 a.m.
(1) three Business Days prior to any date of prepayment of Eurocurrency Rate Loans denominated in Dollars and (2) on the date of prepayment of Base Rate Loans; (B) any prepayment of Eurocurrency Rate Loans denominated in Dollars shall be in a principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof; and (C) any prepayment of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof or, in each case, if less, the entire principal amount thereof then outstanding. Each such notice shall specify the date and amount of such prepayment and the Type(s) of Loans to be prepaid and, if Eurocurrency Loans are to be prepaid, the Interest Period(s) of such Loans. The Administrative Agent will promptly notify each Lender of its receipt of each such notice, and of the amount of such Lender's Applicable Percentage of such prepayment. If such notice is given by the Company, the applicable Borrower shall make such prepayment and the payment amount specified in such notice shall be due and payable on the date specified therein. Any prepayment of a Eurocurrency Rate Loan shall be accompanied by all accrued interest on the amount prepaid, together with any additional amounts required pursuant to Section 3.05. Each such prepayment shall be applied to the Loans of the Lenders in accordance with their respective Applicable Percentages.
