Amount and Terms of Credit 1 1.01 The Commitments 1 1.02 Minimum Amount of Each Borrowing 3 1.03 Notice of Borrowing 3 1.04 Disbursement of Funds 3 1.05 Notes 4 1.06 Conversions 5 1.07 Pro Rata Borrowings 5 1.08
Amount and Terms. Upon notice to the Administrative Agent (which shall promptly notify the Lenders), the Borrower may from time to time add one or more new tranches of term loan facilities (each an “Incremental Term Loan”) or request an increase in the Aggregate Commitments (which increase may take the form of an increase to the Revolving Credit Facility or to the Term Facility (each an “Incremental Increase”; together with the Incremental Term Loans, and each, an “Incremental Facility”) by an amount (the “Incremental Amount”), together with amounts utilized to incur any Incremental Equivalent Debt, not exceeding the sum of (A) the greater of (x) $480,000,000 and (y) 100% of Consolidated EBITDA of the Borrower and its Restricted Subsidiaries for the four quarter period most recently then ended for which financial statements have been delivered pursuant to Section 6.01(a) or (b), as applicable, calculated after giving pro forma effect to the incurrence of such additional amount (which shall assume the full amounts of any Incremental Increase established at such time are fully drawn) and the application of any proceeds thereof on a Pro Forma Basis, plus (B) an unlimited amount so long as, in the case of this clause (B), the Consolidated Senior Secured Net Leverage Ratio of the Borrower and its Restricted Subsidiaries as of the last day of the applicable Reference Period, on a pro forma basis, does not exceed the Consolidated Senior Secured Net Leverage Incurrence Ratio; provided, that (1) Incremental Facilities may be incurred under both the preceding clauses (A) and (B) in a single transaction by first calculating the portion of the Indebtedness being incurred under clause (B) (without giving effect to the Indebtedness being incurred under clause (A)) and second calculating the portion of the Indebtedness being incurred under clause (A), (2) the Borrower shall be deemed to have used capacity under clause (B) before capacity under clause (A) (to the extent compliant therewith) and (3) in the event that any Incremental Facility (or a portion thereof) incurred under clause (A) subsequently meets the criteria of Indebtedness under clause (B), the Borrower, in its sole discretion, at such time, may reclassify any such Incremental Facility as Indebtedness incurred under clause (B); provided, further, that (i) any such request for an Incremental Facility shall be in a minimum amount of $25,000,000, (ii) no Incremental Term Loan shall mature earlier than the Latest Maturity Date or ...
Amount and Terms. Subject to and upon the terms and conditions herein ---------------- set forth, the Lender agrees to lend amounts to the Borrower (the "Loan") from time to time during the period of this agreement up to but not including the maturity date of ________, 20__ in an aggregate principal amount (the "Loan Amount") sufficient to permit the Borrower to acquire a number of shares ("Shares") of common stock, par value $0.01 ("Common Stock") of Woronoco Bancorp, Inc., a Delaware corporation, and the Holding Company of the Bank, equal to 8% of the Shares issued in connection with the conversion of the Bank from the mutual to stock form (the "Conversion") including the shares issued to Woronoco Savings Charitable Foundation, a charitable foundation being established in connection with the Conversion. The Loan is intended to be an "exempt loan" as described in Section 4975(d) of the Internal Revenue Code of 1986, as amended (the "Code"), as defined in Section 54.4975-7(b) of the Treasury Regulations (the "Regulations"), as described in Section 408(b)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and as described in Department of Labor Regulations Section 2550.408b-3 (collectively, the "Exempt Loan Rules").
Amount and Terms. Subject to the terms, covenants and conditions hereof, and in reliance on the representations and warranties contained herein, the Lender may lend to the Borrower up to ONE HUNDRED MILLION AND 00/100 ($ 100,000,000.00) U.S. DOLLARS (the “Term Loan”) to be evidenced by the Term Note; provided, however that the Lender commits to lend no less than SEVENTY MILLION AND 00/100 ($70,000,000.00) (the “Minimum Amount”) and additional advances under the Term Loan in excess of the Minimum Amount shall be made in the Lender’s sole discretion. All funding under the Term Loan shall be made on or before October 3, 2018. The Term Loan shall be repaid in accordance with the terms of the Term Note, plus interest payable at the rate and in the manner provided in the Term Note, plus late fees, prepayment fees, taxes, costs and expenses, including reasonable attorney’s fees, contemplated under the Term Note. The Borrower shall also pay to the Lender all costs and expenses, including reasonable attorney’s fees, incurred in the collection of amounts due hereunder, or in the foreclosure of the Pledges, or in protecting or sustaining the lien of said Pledges.
Amount and Terms. OF THE FACILITY 1
Amount and Terms. 32 Section 2.1. REVOLVING ADVANCES; SWING LINE FACILITY................. 32 Section 2.2. REVOLVING CREDIT FACILITY COMMITMENT AND BORROWING LIMIT................................................ 34 Section 2.3. REVOLVING NOTES......................................... 34 Section 2.4. NOTICE OF BORROWING; BORROWER'S CERTIFICATE............. 35 Section 2.5. TERMINATION OR REDUCTION OF REVOLVING CREDIT FACILITY COMMITMENTS.......................................... 36 Section 2.6. INTEREST................................................ 37 Section 2.7. CONVERSION OF BORROWINGS; RENEWALS...................... 38 Section 2.8. COMPUTATION OF INTEREST................................. 39 Section 2.9. INCREASED COSTS......................................... 39 Section 2.10. CHANGE IN LAW RENDERING EURODOLLAR ADVANCES UNLAWFUL.... 40 Section 2.11. EURODOLLAR AVAILABILITY................................. 41 Section 2.12. INDEMNITIES............................................. 41 Section 2.13. DISBURSEMENT............................................ 44 Section 2.14. AGENT'S AVAILABILITY ASSUMPTION......................... 44 Section 2.15.
Amount and Terms. Subject to and upon the terms and conditions ---------------- herein set forth, the Lender agrees to lend amounts to the Borrower from time to time during the period of this agreement up to but not including _________(the "Maturity Date") in an aggregate principal amount sufficient to permit the Borrower to acquire a number of shares ("Shares") of common stock, par value $0.01 ("Common Stock") of First Lincoln Bancshares Inc., a___________ corporation, and the Holding Company of the Bank, equal to 8% of the Shares issued in connection with the conversion of the Bank from the mutual to stock form ("Loan Amount"). The Loan is intended to be an "exempt loan" as described in Section 4975(d) of the Internal Revenue Code of 1986, as amended (the "Code"), as defined in Section 54.4975-7(b) of the Treasury Regulations (the "Regulations"), as described in Section 408(b)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and as described in Department of Labor Regulations Section 2550.408b-3 (collectively, the "Exempt Loan Rules").
Amount and Terms. By its acceptance hereof the Lender agrees, subject to all of the terms and conditions hereof and on the basis of the representations hereinafter set forth, to make a loan (the "Loan") of up to _________________________________ ($_____________) (the "Commitment"), such proceeds to be used by the Borrower entirely to acquire shares ("Shares") of the common stock, par value $.01 of Bayonne Bancshares, Inc., a Delaware corporation. The Loan is intended to be an "exempt loan" as described in Section 4975(d) of the Internal Revenue Code of 1986, as amended (the "Code"), as defined in Section 54.4975-7(b) of the Treasury Regulations (the "Regulations"), as described in Section 408(b)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and as described in Department of Labor Regulations Section 2550.408b-3 (collectively, the "Exempt Loan Rules").
Amount and Terms. Subject to and upon the terms and conditions herein set forth, the Lender agrees to lend amounts to the Borrower, (the "Loan"), from time to time during the period of this agreement up to but not including the maturity date of _________in an aggregate principal amount ("Loan Amount") sufficient to permit the Borrower to acquire a number of shares ("Shares") of common stock, par value $0.01 ("Common Stock") of Northeast Pennsylvania Financial Corp., a Delaware corporation, and the Holding Company of the Bank, equal to 8% of the Shares issued in connection with the conversion of the Bank from the mutual to stock form. The Loan is intended to be an "exempt loan" as described in Section 4975(d)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), as defined in Section 54.4975-7(b) of the Treasury Regulations (the "Regulations"), as described in Section 408(b)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and as described in Department of Labor Regulations Section 2550.408b-3 (collectively, the "Exempt Loan Rules").
