Closing Date Term Loan Sample Clauses
Closing Date Term Loan. (A) Subject to and upon the terms and conditions set forth herein, each Lender agrees, severally and not jointly, to make a loan or loans (each, a “Closing Date Term Loan”) to the Borrowers on the Closing Date in an amount equal to such Lender’s Closing Date Term Loan Commitment. All such Closing Date Term Loans in the aggregate shall not exceed the Total Closing Date Term Loan Commitment. Such Closing Date Term Loans may be repaid or prepaid in accordance with the terms and conditions hereof, but once repaid or prepaid may not be re-borrowed.
(B) Each Lender may, at its option, make any Closing Date Term Loan in its entirety by causing any domestic or foreign branch or Affiliate of such Lender to make such Closing Date Term Loan; provided, that (i) any exercise of such option shall not affect the obligation of the Borrowers to repay such Closing Date Term Loan in accordance with the terms hereof and (ii) in exercising such option, such Lender shall bear any increased costs to the Borrowers resulting therefrom.
(C) To the extent requested by a Lender, the Borrowers shall execute and deliver (x) to the extent requested by such Lender prior to the Closing Date, on the Closing Date and (y) to the extent requested by such Lender after the Closing Date, promptly (and in any case, within five (5) Business Days of such request, one or more notes payable to such Lender which in the aggregate equal the amount of such Lender’s Closing Date Term Loan Commitment made payable to such Lender in substantially the form of Exhibit A-1 (each, a “Closing Date Term Loan Note”)).
Closing Date Term Loan. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Closing Date Term Loan Lender severally agrees to make available to the Borrowers on the Closing Date such Closing Date Term Loan Lender’s Closing Date Term Loan Commitment Percentage of a term loan in U.S. Dollars (the “Closing Date Term Loan”) in the aggregate principal amount of SIX HUNDRED MILLION U.S. DOLLARS ($600,000,000) (the “Closing Date Term Loan Committed Amount”) for the purposes hereinafter set forth. The Closing Date Term Loan may consist of Base Rate Loans or LIBOR Rate Loans, or a combination thereof, as the Borrowers may request in their Notice of Borrowing. Amounts repaid or prepaid on the Closing Date Term Loan may not be reborrowed.
Closing Date Term Loan. Subject to the terms and conditions set forth herein (including each proviso hereto), each Lender severally agrees to make its portion of a term loan (the “Closing Date Term Loan”) in Dollars to the Borrower on the Closing Date in an aggregate amount not to exceed such Lender’s Closing Date Term Loan Commitment; provided, however, that after giving effect to the Borrowing of Closing Date Term Loans, the Total Facility Outstandings shall not exceed the Borrowing Base. Amounts repaid on the Closing Date Term Loans may not be reborrowed. The Closing Date Term Loans may consist of Base Rate Loans or Eurodollar Rate Loans, as further provided herein.
Closing Date Term Loan. Before or concurrently with the advance of the Closing Date Term Loans:
(a) the Administrative Agent shall have received this Agreement duly executed by the Borrower, Parent and the Material Subsidiaries, as Guarantors, and the Lenders.
(b) if requested by any Lender, the Administrative Agent shall have received for such Lender such Lender’s duly executed Note of the Borrower dated the date hereof and otherwise in compliance with the provisions of Section 1.10 hereof;
(c) the Administrative Agent shall have received copies of the Borrower’s, Parent’s and each Material Subsidiary’s articles of incorporation and bylaws (or comparable organizational documents) and any amendments thereto, certified in each instance by its Secretary or Assistant Secretary;
(d) the Administrative Agent shall have received copies of resolutions of the Borrower’s, Parent’s and each Material Subsidiary’s board of directors (or similar governing body) authorizing the execution, delivery and performance of this Agreement and the other Loan Documents to which it is a party and the consummation of the transactions contemplated hereby and thereby, together with specimen signatures of the persons authorized to execute such documents on the Borrower’s, Parent’s and each Material Subsidiary’s behalf, all certified in each instance by its Secretary or Assistant Secretary or other Authorized Representative;
(e) the Administrative Agent shall have received copies of the certificates of good standing for the Borrower, Parent and each Material Subsidiary (dated no earlier than forty-five (45) days prior to the date hereof) from the office of the secretary of the state of its incorporation or organization and of each state in which it is required to the qualified to do business as a foreign corporation or organization under Sections 6.1 or 6.2;
(f) the Administrative Agent shall have received a list of the Borrower’s Authorized Representatives;
(g) the Administrative Agent shall have received the initial fees called for by Section 2.1 hereof;
(h) the capital and organizational structure of the Borrower and its Subsidiaries shall be reasonably satisfactory to the Administrative Agent;
(i) the Administrative Agent shall have received a Closing Date Borrowing Base Certificate which shall reflect the calculation of the Adjusted Borrowing Base after giving effect to repayment of the advances under the Existing Credit Agreement with the proceeds of the Closing Date Term Loan, resulting in an Adj...
Closing Date Term Loan. (i) Subject to the terms and conditions of this Agreement and relying on the representations and warranties set forth herein, each Lender, severally and not jointly, agrees to provide its share of the Closing Date Term Loan to Borrower on the Closing Date in Dollars in a principal amount equal to such Lender’s Closing Date Commitment. No Lender shall have an obligation to make a Closing Date Term Loan in excess of such Lender’s Closing Date Commitment.
(ii) Borrower may make one borrowing under the Closing Date Commitments which shall be on the Closing Date. Subject to Section 3.03, all amounts owed hereunder with respect to the Closing Date Term Loan shall be paid in full no later than the Maturity Date. Each Lender’s Closing Date Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Lender’s Closing Date Commitment on such date.
(iii) Upon satisfaction or waiver of the conditions precedent set forth in this Agreement, the Lenders shall make the proceeds of the Closing Date Term Loan available to Borrower on the Closing Date.
Closing Date Term Loan. Subject to the terms and conditions set forth herein, each Lender severally agrees to make its portion of a term loan (the “Closing Date Term Loan”) to the Borrower in Dollars on the Closing Date in an amount not to exceed such Lender’s Closing Date Term Loan Commitment. Amounts repaid on the Closing Date Term Loan may not be reborrowed. The Closing Date Term Loan may consist of Base Rate Loans or LIBOR Rate Loans, or a combination thereof, as further provided herein, provided, however, the Borrowing made on the Closing Date may consist of LIBOR Rate Loans only if (A) such Borrowing complies with the requirements of Section 2.02(a) and (B) the Borrower delivers to the Administrative Agent a letter agreement, in form and substance reasonably satisfactory to the Administrative Agent, executed by a Responsible Officer of the Borrower, that provides an indemnity for such Borrowing on substantially the same terms as Section 3.04.
Closing Date Term Loan. Subject to the terms and conditions of this Agreement, each Lender severally, and not jointly, agrees to make a Loan to Borrower on the Closing Date in the aggregate principal amount of $10,500,000 (the “Closing Date Term Loan”) and in the respective amounts set forth on Annex A.
Closing Date Term Loan. The original principal amount of the Closing Date Term Loan shall be repaid in consecutive quarterly installments on the last day of each fiscal quarter (as such installments may hereafter be adjusted as a result of prepayments made pursuant to Section 2.05), in an amount equal to (i) $468,750 for each fiscal quarter commencing with the fiscal quarter ending December 31, 2015 and ending with the fiscal quarter ending December, 2016 and (ii) $937,500 for each fiscal quarter thereafter, in each case, unless accelerated sooner pursuant to Section 9.
Closing Date Term Loan. Each Lender severally agrees to make its portion of a term loan (the “Closing Date Term Loan”) to the Borrower on the Closing Date in an aggregate amount equal to One Hundred Million Dollars ($100,000,000.00); and
Closing Date Term Loan. Subject to the terms and conditions set forth herein, each Lender severally made, on September 27, 2019, its portion of a term loan in U.S. Dollars (the “Closing Date Term Loan”) in the aggregate principal amount of SIX HUNDRED MILLION U.S. DOLLARS ($600,000,000) (the “Closing Date Term Loan Committed Amount”) for the purposes hereinafter set forth. On and after the Closing Date, the Closing Date Term Loan may consist of Base Rate Loans or Term SOFR Loans, or a combination thereof, as the Borrower may request in its Notice of Borrowing. Amounts repaid or prepaid on the Closing Date Term Loan may not be reborrowed.