Effective Date, the Clause Samples

Effective Date, the. Applicable Borrower agrees to pay a premium equal to 1% of the principal amount of the Second Amendment Refinancing Term Loans subject to such Repricing Event; provided that, it is understood and agreed that any prepayment premium with respect to a Repricing Event payable pursuant to this clause (e) shall also apply to any required assignment pursuant to Section 9.02(d) by a Non-Consenting Lender in connection with any amendment described in Section 2.21 that occurs prior to the six-month anniversary of the Amendment No. 2
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Effective Date, the. Lead Borrower shall have the right to request, by written notice to the Administrative Agent, an increase in the Revolving Commitments under any Subfacility (a “Revolving Commitment Increase”) in an aggregate amount not to exceed the greater of (x) the greater of (A) $75,000,000112,000,000 and (B) 14.0% of Consolidated EBITDA of the Lead Borrower and its Restricted Subsidiaries for the Test Period then most recently ended for which Section 9.01 Financials have been delivered and (y) the excess of the Borrowing Base at such time over the aggregate Revolving Commitments at such time; provided that (i) any Revolving Commitment Increase for the U.S. Subfacility shall be on the terms (including the latest Maturity Date of any Class of Commitments under the U.S. Subfacility) and pursuant to the documentation applicable to the U.S. Subfacility, (ii) any Revolving Commitment Increase for the RoW Subfacility shall be on the terms (including the latest Maturity Date of any Class of Commitments under the RoW Subfacility) and pursuant to the documentation applicable to the RoW Subfacility, (iii) the Lead Borrower shall only be permitted to request six Revolving Commitment Increases during the term of this Agreement, (iv) any Revolving Commitment Increase shall be in a minimum amount of $5,000,000 or, if less than $5,000,000 is available, the amount left available, (viii) following any Revolving Commitment Increase, the Revolving Commitments under the RoW Subfacility shall not exceed 25% of the Aggregate Commitments and (v) no increase in the Revolving Commitments under the U.S. Subfacility or the RoW Subfacility shall occur without a ratable increase in such other Subfacility by each Lender (or an Affiliate thereof) providing such Revolving Commitment Increase unless the Lead Borrower elects, in its sole discretion, to terminate the application of Section 2.20 in accordance with the terms thereof.
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Effective Date, the. Applicable Borrower agrees to pay a premium equal to 1% of the principal amount of the Incremental Term B-1 Loans subject to such Repricing Event; provided that, it is understood and agreed that any prepayment premium with respect to a Repricing Event payable pursuant to this clause (d) shall also apply to any required assignment pursuant to Section 9.02(d) by a Non-Consenting Lender in connection with any amendment described in Section 2.21 that occurs prior to the twelve-month anniversary of the Amendment No. 1
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Effective Date, the. Lead Borrower may from time to time deliver a written request to the Administrative Agent to request an increase in the Commitments by an aggregate amount (for all such requests) not exceeding $15,000,00020,000,000; provided, that, (i) any such request for an increase shall be in a minimum amount of $2,500,000, (ii) shall be irrevocable, and (iii) the Lead Borrower may make a maximum of five (5) such requests during the term of this Agreement.
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Effective Date, the proceeds of the Swingline Advances shall be used for general corporate purposes (including acquisitions) of the Borrower and its Subsidiaries.
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Effective Date, the. Material Contract is a legal, valid and binding obligation of Borrower, its Subsidiaries and, to the knowledge of Borrower, each other party thereto, is enforceable in accordance with its terms and is in full force and effect, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws of general applicability relating to or affecting creditors' rights and to general equity principles. Neither the Borrower nor its Subsidiaries, nor to the knowledge of the Authorized Officers of Borrower or its Subsidiaries, any other party to anythe Material Contract, is or was in material breach or default, under the terms of anythe Material Contract, and no condition existed or exists which, with the giving of notice or the lapse of time or both, could constitute a material breach or default by Borrower or any of its Subsidiaries thereunder.
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Effective Date, the. Borrower Agent shall have delivered to the Administrative Agent a certificate certifying that such Acquisition and related series of Acquisitions complies with this definition (which shall have attached thereto reasonably detailed backup data and calculations showing such compliance); and
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Related to Effective Date, the

  • Effective Date; Term This Agreement shall become effective on the date of its execution and shall remain in force for a period of two (2) years from such date, and from year to year thereafter but only so long as such continuance is specifically approved at least annually by the vote of a majority of the Trustees who are not interested persons of the Trust or the Adviser, cast in person at a meeting called for the purpose of voting on such approval, and by a vote of the Board of Trustees or of a majority of the outstanding voting securities of the Fund. The aforesaid requirement that this Agreement may be continued "annually" shall be construed in a manner consistent with the Act and the rules and regulations thereunder.

  • Effective Date; Termination Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01

  • Effective Date This agreement shall be effective upon its execution, and unless terminated as provided, shall continue in force until May 31, 2006 and thereafter from year to year, provided continuance is approved annually by the vote of a majority of the Board members of the Issuer, and by the vote of those Board members of the Issuer who are not "interested persons" of the Issuer and, if a plan under Rule 12b-1 under the Investment Company Act of 1940 is in effect, by the vote of those Board members of the Issuer who are not "interested persons" of the Issuer and who are not parties to the Distribution and Service Plan or this Agreement and have no financial interest in the operation of the Distribution and Service Plan or in any agreements related to the Distribution and Service Plan, cast in person at a meeting called for the purpose of voting on the approval. This Agreement shall automatically terminate in the event of its assignment. As used in this paragraph, the terms "assignment" and "interested persons" shall have the respective meanings specified in the Investment Company Act of 1940 as now in effect or as hereafter amended. In addition to termination by failure to approve continuance or by assignment, this Agreement may at any time be terminated by either party upon not less than sixty days' prior written notice to the other party.