Concerning the Repurchased Term Loans. Repurchases by the Borrower of Term Loans pursuant to this Section 10.6(i) shall not constitute voluntary prepayments for purposes of Section 2.9 or 2.11. The aggregate principal amount of the Term Loans of any Class repurchased by the Borrower pursuant to this Section 10.6(i) shall be applied to reduce the subsequent Installments to be paid pursuant to Section 2.9 with respect to Term Loans of such Class in an inverse order of maturity. Upon the repurchase by the Borrower pursuant to this Section 10.6(i) of any Term Loans, such Term Loans shall, without further action by any Person, be deemed cancelled and no longer outstanding (and may not be resold by the Borrower) for all purposes of this Agreement and the other Credit Documents, including with respect to (1) the making of, or the application of, any payments to the Lenders under this Agreement or any other Credit Document, (2) the making of any request, demand, authorization, direction, notice, consent or waiver under this Agreement or any other Credit Document or (3) the determination of Requisite Lenders, or for any similar or related purpose, under this Agreement or any other Credit Document. The Administrative Agent is authorized to make appropriate entries in the Register to reflect any cancelation of the Term Loans repurchased and cancelled pursuant to this Section 10.6(i). Any payment made by the Borrower in connection with a repurchase permitted by this Section 10.6(i) shall not be subject to the provisions of Section 2.13, 2.14 or 2.15(c). Failure by the Borrower to make any payment to a Lender required to be made in consideration of a repurchase of Term Loans permitted by this Section 10.6(i) shall not constitute a Default or an Event of Default under Section 8.1(a). Each Lender shall, to the extent that its Term Loans shall have been repurchased and assigned to the Borrower pursuant to this Section 10.6(i), relinquish its rights in respect thereof. Except as otherwise set forth in this Section 10.6(i), the provisions of Section 10.6 shall not apply to any repurchase of Term Loans pursuant to this Section 10.6(i).
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Alon USA Energy, Inc.), Credit and Guaranty Agreement (Alon USA Energy, Inc.), Counterpart Agreement (Alon USA Partners, LP)
Concerning the Repurchased Term Loans. Repurchases by the Borrower of Term Loans pursuant to this Section 10.6(i) shall not constitute voluntary prepayments for purposes of Section 2.9 2.11 or 2.112.13. The aggregate principal amount of the Term Loans of any Class repurchased by the Borrower pursuant to this Section 10.6(i) shall be applied to reduce the subsequent Installments to be paid pursuant to Section 2.9 2.11 with respect to Term Loans of such Class in an inverse order of maturity. Upon the repurchase by the Borrower pursuant to this Section 10.6(i) of any Term Loans, such Term Loans shall, without further action by any Person, automatically be deemed cancelled and no longer outstanding (and may not be resold by the Borrower) for all purposes of this Agreement and the other Credit Documents, including with respect to (1A) the making of, or the application of, any payments to the Lenders under this Agreement or any other Credit Document, (2B) the making of any request, demand, authorization, direction, notice, consent or waiver under this Agreement or any other Credit Document or (3C) the determination of Requisite Lenders, or for any similar or related purpose, under this Agreement or any other Credit Document. The Administrative Agent is authorized to make appropriate entries in the Register to reflect any cancelation of the Term Loans repurchased and cancelled pursuant to this Section 10.6(i). Any payment made by the Borrower in connection with a repurchase permitted by this Section 10.6(i) shall not be subject to the provisions of Section 2.132.15, 2.14 2.16 or 2.15(c2.17(c). Failure by the Borrower to make any payment to a Lender required to be made in consideration of a repurchase of Term Loans permitted by this Section 10.6(i) shall not constitute a Default or an Event of Default under Section 8.1(a). Each Term Lender shall, to the extent that its Term Loans shall have been repurchased and assigned to the Borrower pursuant to this Section 10.6(i), relinquish its rights in respect thereof. Except as otherwise set forth in this Section 10.6(i), the provisions of Section 10.6 shall not apply to any repurchase of Term Loans pursuant to this Section 10.6(i).
Appears in 2 contracts
Samples: Counterpart Agreement (Fusion Connect, Inc.), Pledge and Security Agreement (Fusion Connect, Inc.)
Concerning the Repurchased Term Loans. Repurchases by the Borrower or any Restricted Subsidiary of Term Loans pursuant to this Section 10.6(i11.06(i) shall not constitute voluntary prepayments for purposes of Section 2.9 2.05 or 2.112.07. The aggregate principal amount of the Term Loans of any Class repurchased by the Borrower pursuant to this Section 10.6(i11.06(i) shall not be applied to any scheduled amortization payment hereunder but shall reduce the subsequent Installments to be paid pursuant to Section 2.9 with respect to Term Loans of such Class in an inverse order of maturityamount due on the Maturity Date. Upon the repurchase by the Borrower or any Restricted Subsidiary pursuant to this Section 10.6(i11.06(i) of any Term Loans, such Term Loans shall, without further action by any Person, automatically be deemed cancelled and no longer outstanding (and may not be resold by the BorrowerBorrower or any Restricted Subsidiary) for all purposes of this Agreement and the other Credit Loan Documents, including with respect to (1A) the making of, or the application of, any payments to the Lenders under this Agreement or any other Credit Loan Document, (2B) the making of any request, demand, authorization, direction, notice, consent or waiver under this Agreement or any other Credit Loan Document or (3C) the determination of Requisite Required Lenders, or for any similar or related purpose, under this Agreement or any other Credit Loan Document. The Administrative Agent is authorized to make appropriate entries in the Register to reflect any cancelation of the Term Loans repurchased and cancelled pursuant to this Section 10.6(i11.06(i). Any payment made by the Borrower or any Restricted Subsidiary in connection with a repurchase permitted by this Section 10.6(i11.06(i) shall not be subject to the provisions of Section 2.132.12, 2.14 2.13 or 2.15(c)3.05. Failure by the Borrower or any Restricted Subsidiary to make any payment to a Term Lender required to be made in consideration of a repurchase of Term Loans permitted by this Section 10.6(i11.06(i) shall not constitute a Default or an Event of Default under Section 8.1(a9.01(a). Each Term Lender shall, to the extent that its Term Loans shall have been repurchased and assigned to the Borrower or any Restricted Subsidiary pursuant to this Section 10.6(i11.06(i), relinquish its rights in respect thereof. Except as otherwise set forth in this Section 10.6(i), the provisions of Section 10.6 shall not apply to any repurchase of Term Loans pursuant to this Section 10.6(i).
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Concerning the Repurchased Term Loans. Repurchases by the Term Borrower of Term Loans pursuant to this Section 10.6(i11.2(i) shall not constitute voluntary prepayments for purposes of Section 2.9 2.6 or 2.112.8. The aggregate principal amount of the Term Loans of any Class repurchased by the Term Borrower pursuant to this Section 10.6(i11.2(i) shall be applied to reduce the subsequent Installments to be paid pursuant to Section 2.9 2.6 with respect to the Term Loans of such Class in an inverse order of maturity. Upon the repurchase by the Term Borrower pursuant to this Section 10.6(i11.2(i) of any Term Loans, such Term Loans shall, without further action by any Person, be deemed cancelled and no longer outstanding (and may not be resold by the Term Borrower) for all purposes of this Agreement and the other Credit Loan Documents, including with respect to (1) the making of, or the application of, any payments to the Term Lenders under this Agreement or any other Credit Loan Document, (2) the making of any request, demand, authorization, direction, notice, consent or waiver under this Agreement or any other Credit Loan Document or (3) the determination of Requisite Lenders or Requisite Term Lenders, or for any similar or related purpose, under this Agreement or any other Credit Loan Document. The Administrative Agent is authorized to make appropriate entries in the Register to reflect any cancelation cancellation of the Term Loans repurchased and cancelled pursuant to this Section 10.6(i11.2(i). Any payment made by the Term Borrower in connection with a repurchase permitted by this Section 10.6(i11.2(i) shall not be subject to the provisions of Section 2.13, 2.14 Section 2.14(e) or 2.15(c)Section 11.7. Failure by the Term Borrower to make any payment to a Term Lender required to be made in consideration of a repurchase of Term Loans permitted by this Section 10.6(i11.2(i) shall not constitute a Default or an Event of Default under Section 8.1(a9.1(a). Each Term Lender shall, to the extent that its Term Loans shall have been repurchased and assigned to the Term Borrower pursuant to this Section 10.6(i11.2(i), relinquish its rights in respect thereof. Except as otherwise set forth in this Section 10.6(i11.2(i), the provisions of this Section 10.6 11.2 shall not apply to any repurchase of Term Loans pursuant to this Section 10.6(i11.2(i).
Appears in 1 contract
Concerning the Repurchased Term Loans. Repurchases by the Borrower of Term Loans pursuant to this Section 10.6(i) shall not constitute voluntary prepayments for purposes of Section 2.9 2.12 or 2.112.14. The aggregate principal amount of the Term Loans of any Class repurchased by the Borrower If pursuant to this Section 10.6(i) shall be applied to reduce the Borrower purchases less than all of the outstanding Term Loans of any Class, the amount of each subsequent Installments Installment to be paid pursuant to Section 2.9 2.12 with respect to Term Loans of such Class in shall be reduced by an inverse order amount equal to the product obtained by multiplying such Installment by a fraction, the numerator of maturitywhich is the aggregate amount of Term Loans of such Class so purchased by the Borrower and the denominator of which is the aggregate amount of Term Loans of such Class outstanding immediately prior to such purchase. Upon the repurchase by the Borrower pursuant to this Section 10.6(i) of any Term Loans, such Term Loans shall, without further action by any Person, automatically be deemed cancelled and no longer outstanding (and may not be resold by the Borrower) for all purposes of this Agreement and the other Credit Documents, including with respect to (1A) the making of, or the application of, any payments to the Lenders under this Agreement or any other Credit Document, (2B) the making of any request, demand, authorization, direction, notice, consent or waiver under this Agreement or any other Credit Document or (3C) the determination of Requisite Lenders, or for any similar or related purpose, under this Agreement or any other Credit Document. The General Administrative Agent is and the Term Facility Agent are authorized to make appropriate entries in the Register to reflect any cancelation of the Term Loans repurchased and cancelled pursuant to this Section 10.6(i). Any payment made by the Borrower in connection with a repurchase permitted by this Section 10.6(i) shall not be subject to the provisions of Section 2.132.16, 2.14 2.17 or 2.15(c2.18(c). Failure by the Borrower to make any payment to a Lender required to be made in consideration of a repurchase of Term Loans permitted by this Section 10.6(i) shall not constitute a Default or an Event of Default under Section 8.1(a). Each Lender shall, to To the extent that its a Term Lender’s Term Loans shall have been repurchased and assigned to the Borrower pursuant to this Section 10.6(i), relinquish its such Term Lender have no further rights in respect thereof. Except as otherwise set forth in this Section 10.6(i), the provisions of Section 10.6 shall not apply to any repurchase of Term Loans pursuant to this Section 10.6(i).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Tivity Health, Inc.)
Concerning the Repurchased Term Loans. Repurchases by the Borrower Borrowers of Term Loans pursuant to this Section 10.6(i11.2(i) shall not constitute voluntary prepayments for purposes of Section 2.9 Sections 2.6 or 2.11. The aggregate principal amount of the Term Loans of any Class repurchased by the Borrower pursuant to this Section 10.6(i) shall be applied to reduce the subsequent Installments to be paid pursuant to Section 2.9 with respect to Term Loans of such Class in an inverse order of maturity2.9. Upon the repurchase by the Borrower Borrowers pursuant to this Section 10.6(i11.2(i) of any Term Loans, such Term Loans shall, without further action by any Person, be deemed cancelled and no longer outstanding (and may not be resold by the BorrowerBorrowers) for all purposes of this Agreement and the other Credit Loan Documents, including with respect to (1) the making of, or the application of, any payments to the Term Lenders under this Agreement or any other Credit Loan Document, (2) the making of any request, demand, authorization, direction, notice, consent or waiver under this Agreement or any other Credit Loan Document or (3) the determination of Requisite Lenders, or for any similar or related purpose, under this Agreement or any other Credit Loan Document. The Term Loan Administrative Agent is authorized to make appropriate entries in the Term Register to reflect any cancelation cancellation of the Term Loans repurchased and cancelled pursuant to this Section 10.6(i11.2(i). Any payment made by the Borrower Borrowers in connection with a repurchase permitted by this Section 10.6(i11.2(i) shall not be subject to the provisions of Section 2.132.15, 2.14 Section 2.16(e) or 2.15(c)Section 11.7. Failure by the Borrower Borrowers to make any payment to a Term Lender required to be made in consideration of a repurchase of Term Loans permitted by this Section 10.6(i11.2(i) shall not constitute a Default or an Event of Default under Section 8.1(a9.1(a). Each Term Lender shall, to the extent that its Term Loans shall have been repurchased and assigned to the Borrower Borrowers pursuant to this Section 10.6(i11.2(i), relinquish its rights in respect thereof. Except as otherwise set forth in this Section 10.6(i11.2(i), the provisions of this Section 10.6 11.2 shall not apply to any repurchase of Term Loans pursuant to this Section 10.6(i11.2(i).
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