Commitment to Lend Term Loan. Subject to the terms and conditions set forth in this Agreement, each of the Term Loan Lenders severally agrees to lend to the Borrower such Term Loan Lender’s Term Loan Commitment, which Term Loans shall be evidenced by the Term Loan Notes, substantially the form of Exhibit B-2 hereto and completed with appropriate insertions. Any Lender may request that Term Loans made by it be evidenced solely by this Agreement rather than by a Term Loan Note. The absence of such a Term Loan Note shall not in any way diminish or impair the rights of such Lender with respect to its Term Loans. Term Loans with respect to the Term Loan Commitments in effect on the Agreement Effective Date shall be made in two disbursements, the first on the Agreement Effective Date in the full amount thereof less $71,165,829.00 (the “Term Loan Holdback”) and the second disbursement in the amount of the Term Loan Holdback to be made on or about December 1, 2013 for the purpose of repaying the existing Secured Indebtedness encumbering the Southland Project in connection with the addition of such Project as an additional Collateral Pool Property at such time, provided that all of the conditions set forth in Section 5.2 have been satisfied or affirmatively waived on the date of such second disbursement. Any additional Term Loans made as a result of any increase in the Aggregate Term Commitments pursuant to Section 2.8 shall be made on the applicable Commitment Increase Date and each Lender which elects to increase its or acquire a Term Loan Commitment pursuant to Section 2.8 severally and not jointly agrees to make a Term Loan to the Borrower in an amount equal to (a) with respect to any existing Lender, the amount by which such Term Loan Lender’s Term Loan Commitment increases on the applicable Commitment Increase Date and (b) with respect to any new Lender, the amount of such new Lender’s Term Loan Commitment. The Borrower irrevocably authorizes each Term Loan Lender to make or cause to be made, at or about the time of the Borrowing Date of any Term Loan or the time of receipt of any payment of principal thereof, an appropriate notation on such Term Loan Lender's Record reflecting the making of such Term Loan or (as the case may be) the receipt of such payment. The Outstanding amount of the Term Loans set forth on such Term Loan Lender's Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Term Lender, but the failure to record, or any error in so rec...
Commitment to Lend Term Loan. In the event of the initial increase of the Total Term Loan Commitment pursuant to §2.11 (the “Initial Term Increase”), subject to the terms and conditions of this Agreement, each of the Term Loan Lenders severally agrees to lend to the Borrower, and the Borrower may borrow on the applicable Commitment Increase Date (the “Initial Term Increase Date”) upon notice by the Borrower to the Agent given in accordance with §2.7, a Term Loan denominated in an Agreed Currency for the purposes set forth in §2.9 in the maximum principal amount (after giving effect to all amounts requested) equal to the lesser of (i) such Lender’s Term Loan Commitment and (ii) such Lender’s Term Loan Commitment Percentage of the maximum amount which, when added to the sum of (1) the amount of all Outstanding Revolving Credit Loans, Term Loans and Swing Loans, (2) the aggregate amount of Letter of Credit Liabilities and (3) the aggregate amount of all other Unsecured Indebtedness of REIT and its Subsidiaries, would not cause a violation of the covenants set forth in §§9.3 and 9.4; provided, that, no Default or Event of Default shall have occurred and be continuing. The Term Loans shall be evidenced by the Term Loan Notes, dated as of the applicable Commitment Increase Date (except as otherwise provided in §18.3). One Term Loan Note shall be payable to each Term Loan Lender in the principal amount equal to such Term Loan Lender’s Term Loan Commitment. In addition, any additional Term Loans made as a result of any subsequent increase in the Total Term Loan Commitment after Initial Term Increase Date pursuant to §2.11 shall be made on the applicable Commitment Increase Date, may be made in any Agreed Currency as requested by Borrower, and each Term Loan Lender which elects to increase its or acquire a Term Loan Commitment pursuant to §2.11 severally and not jointly agrees to make a Term Loan to the Borrower on such Commitment Increase Date in an amount equal to the lesser of (a) with respect to any existing Term Loan Lender, the amount by which such Lender’s Term Loan Commitment increases on the applicable Commitment Increase Date, and with respect to any new Term Loan Lender, the amount of such new Lender’s Term Loan Commitment, and (b) such Lender’s Term Loan Commitment Percentage of the maximum amount which, when added to the sum of (1) the amount of all Outstanding Revolving Credit Loans, Term Loans and Swing Loans, (2) the aggregate amount of Letter of Credit Liabilities and (3) the a...
Commitment to Lend Term Loan. Subject to the terms and conditions set forth in this Agreement, each of the Term Loan Banks severally agrees to lend to Borrower on the Closing Date such Term Loan Bank’s Term Loan Commitment.
Commitment to Lend Term Loan. Subject to the terms and conditions set forth in this Agreement, each of the Term Loan Banks severally agrees to lend to Borrower on the Closing Date such Term Loan Bank’s Term Loan Commitment. Any additional Term Loans made as a result of any increase in the Total Commitment pursuant to §2.8 shall be made on the applicable Commitment Increase Date and each Bank which elects to increase its Term Loan Commitment pursuant to §2.8 severally and not jointly agrees to make a Term Loan to the Borrower in an amount equal to (a) with respect to any existing Bank, the amount by which such Term Loan Bank’s Commitment increases on the applicable Commitment Increase Date and (b) with respect to any new Banks, the amount of such new Bank’s Term Loan Commitment.
Commitment to Lend Term Loan. Subject to the terms and conditions set forth in this Agreement, each of the Term Loan Lenders severally agrees to lend to the Borrower on the Closing Date such Term Loan Lender’s Term Loan Commitment denominated in U.S. dollars .. The Term Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A-3 hereto, dated of even date with this Agreement (except as otherwise provided in §2.11 or §18.3) and completed with appropriate insertions. One Term Loan Note shall be payable to the order of each Term Loan Lender in the principal amount equal to such Term Loan Lender’s Term Loan Commitment. There shall not be deemed to have occurred, and there has not otherwise occurred, any payment in full, satisfaction or novation of the indebtedness evidenced by the “Term Loan Notes”, as defined in the Second Amended and Restated Credit Agreement, which indebtedness is instead allocated among the Term Loan Lenders as of the date hereof, as applicable, in accordance with their respective Term Loan Commitment Percentages. On the Closing Date, the Term Loan Lenders shall make adjustments among themselves so that the Outstanding Term Loans are consistent with their Term Loan Commitment Percentages.
Commitment to Lend Term Loan. Subject to the terms and conditions of this Agreement, each of the Term Loan Lenders severally agrees to lend to the Borrower on the Closing Date such Term Loan Lender’s Term Loan Commitment. The Term Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit C hereto, dated of even date with this Agreement (except as otherwise provided in §2.11 or §18.3) and completed with appropriate insertions. One Term Loan Note shall be payable to the order of each Term Loan Lender in the principal amount equal to such Term Loan Lender’s Term Loan Commitment.
Commitment to Lend Term Loan. Subject to the terms and conditions of this Agreement, each of the Lenders severally agrees to lend to the Borrower on the Closing Date such Lender’s Commitment. The Term Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A hereto, dated of even date with this Agreement (except as otherwise provided in §2.11 or §18.3) and completed with appropriate insertions. One Term Loan Note shall be payable to the order of each Lender in the principal amount equal to such Lender’s Commitment.
Commitment to Lend Term Loan. Subject to the terms and conditions set forth in this Agreement, each of the Term Loan Banks severally agrees to lend to Borrower on the Closing Date such Term Loan Bank's Term Loan Commitment. The Term Loans shall be fully disbursed on the Closing Date.
Commitment to Lend Term Loan. Subject to the terms and conditions set forth in this Agreement, contemporaneously with the consummation of the Merger, each Lender severally agrees, on the terms and conditions hereinafter set forth, to make one advance for the purposes set forth in §2.9, in an amount (i) of an integral multiple of $5,000,000, and (ii) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender’s Commitment.
Commitment to Lend Term Loan. Subject to the terms and conditions set forth in this Agreement, each of the Term Loan Lenders severally agrees to lend to the Borrower on the Closing Date such Term Loan Lender’s Term Loan Commitment, which Term Loans shall be evidenced by the Term Loan Notes. Any additional Term Loans made as a result of any increase in the Total Term Loan Commitments pursuant to §2.11 shall be made on the applicable Commitment Increase Date and each Lender which elects to increase its Term Loan Commitment pursuant to §2.11 severally and not jointly agrees to make a Term Loan to the Borrower in an amount equal to (a) with respect to any existing Lender, the amount by which such Term Loan Lender’s Commitment increases on the applicable Commitment Increase Date and (b) with respect to any new Lender, the amount of such new Lender’s Tem Loan Commitment.
