Amount of Obligations. The Borrowers and each other Obligor acknowledge and agree that, as of November 16, 2017, (i) the aggregate unpaid principal balance of the Loans is £ 62,000,000, (ii) the aggregate amount of accrued and unpaid interest constituting Obligations is £11,435.74, and (iii) the aggregate amount of accrued and unpaid fees payable pursuant to Section 4.01 of the Existing Facility Agreement is £49,972.60 (the foregoing amounts are hereafter collectively referred to as the “Current Outstanding Obligations”). The foregoing amounts do not include other fees, expenses (including professional fees and expenses), and other Obligations and amounts which are chargeable or otherwise reimbursable under the Existing Facility Agreement and the other Credit Documents. As of the date hereof, none of the Borrowers or the other Obligors has any rights of offset, defenses, claims or counterclaims with respect to the Current Outstanding Obligations or any of the other Obligations and each of the Obligors are jointly and severally obligated with respect to the Current Outstanding Obligations and any other Obligations, in each case, in accordance with, and subject to, the terms of the applicable Credit Documents.
Appears in 2 contracts
Samples: Forbearance Agreement, Forbearance Agreement (Toys R Us Inc)
Amount of Obligations. The Borrowers Each Obligor acknowledges and each other Obligor acknowledge and agree agrees that, as of November 16, 2017, : (i) as of the date hereof, the aggregate unpaid principal balance amount of the Loans Notes is £ 62,000,000, (ii) the aggregate amount of accrued and unpaid interest constituting Obligations is £11,435.74, and (iii) the aggregate amount of accrued and unpaid fees payable pursuant to Section 4.01 of the Existing Facility Agreement is £49,972.60 $182,650,000 (the foregoing amounts are amount is hereafter collectively referred to as the “Current Outstanding Obligations”). The ; (ii) the foregoing amounts do amount does not include Interest, Late Charges, Installment Redemption Amounts, Redemption Premiums and other fees, expenses (including professional fees and expenses), and other Obligations ) and amounts which are chargeable or otherwise reimbursable under the Existing Facility Agreement Transaction Documents (such amounts, together with the Current Outstanding Obligations, the “Obligations”); and (iii) neither the other Credit Documents. As Company nor any of the date hereof, none of the Borrowers or the other Obligors has any rights right of offsetdefense, defensessetoff, claims deduction, claim or counterclaims counterclaim with respect to the Current Outstanding Obligations or any of the other Obligations Obligations, and each of the Obligors are is jointly and severally obligated with respect to the Current Outstanding Obligations and any other Obligationsthereto, in each case, in accordance withwith the terms of, and subject toto the extent provided in, the terms of the applicable Credit Transaction Documents.
Appears in 1 contract
Amount of Obligations. The Borrowers Each Obligor acknowledges and each other Obligor acknowledge and agree agrees that, as of November 16, 2017, : (i) as of the date hereof, the aggregate unpaid principal balance amount of the Loans Notes is £ 62,000,000, (ii) the aggregate amount of accrued and unpaid interest constituting Obligations is £11,435.74, and (iii) the aggregate amount of accrued and unpaid fees payable pursuant to Section 4.01 of the Existing Facility Agreement is £49,972.60 $180,550,000 (the foregoing amounts are amount is hereafter collectively referred to as the “Current Outstanding Obligations”). The ; (ii) the foregoing amounts do amount does not include Interest, Late Charges, Installment Redemption Amounts, Redemption Premiums and other fees, expenses (including professional fees and expenses), and other Obligations ) and amounts which are chargeable or otherwise reimbursable under the Existing Facility Agreement Transaction Documents (such amounts, together with the Current Outstanding Obligations, the “Obligations”); and (iii) neither the other Credit Documents. As Company nor any of the date hereof, none of the Borrowers or the other Obligors has any rights right of offsetdefense, defensessetoff, claims deduction, claim or counterclaims counterclaim with respect to the Current Outstanding Obligations or any of the other Obligations Obligations, and each of the Obligors are is jointly and severally obligated with respect to the Current Outstanding Obligations and any other Obligationsthereto, in each case, in accordance withwith the terms of, and subject toto the extent provided in, the terms of the applicable Credit Transaction Documents.
Appears in 1 contract