Common use of Effectiveness of Refinancing Amendment Clause in Contracts

Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Term Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Term Commitments, the conditions of Sections 3.2(c) and 3.2(d) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 3.2 shall be deemed to refer to the applicable Refinancing Closing Date); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $5,000,000 (or the Dollar Equivalent in Euros) and shall be in an increment of $1,000,000 (or the Dollar Equivalent in Euros) (provided that such amount may be less than $5,000,000 (or the Dollar Equivalent in Euros) and not in an increment of $1,000,000 (or the Dollar Equivalent in Euros) if such amount is equal to the entire outstanding principal amount of Refinanced Debt that is in the form of Term Loans; and (iii) the principal amount (or accreted value, if applicable) of such Refinancing Indebtedness does not exceed the principal amount (or accreted value, if applicable) of the Refinanced Debt (plus the amount of unpaid accrued or capitalized interest and premiums thereon (including make-whole premiums, prepayment premiums, tender premiums and amounts required to be paid in connection with defeasance and satisfaction and discharge), underwriting discounts, original issue discount, defeasance costs, fees (including upfront fees), commissions and expenses).

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Concordia International Corp.), Credit and Guaranty Agreement (Concordia International Corp.), Credit and Guaranty Agreement

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Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Term Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Term Commitments, the conditions of Sections 3.2(c) and 3.2(d) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 3.2 shall be deemed to refer to the applicable Refinancing Closing Date)[Reserved]; (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $5,000,000 (or the Dollar Equivalent in Euros) 500,000, and shall be in an increment of $1,000,000 (or the Dollar Equivalent in Euros) 250,000 (provided that such amount may be less than $5,000,000 (or the Dollar Equivalent in Euros) 500,000, and not in an increment of $1,000,000 (or the Dollar Equivalent in Euros) 250,000, if such amount is equal to (x) the entire outstanding principal amount of Refinanced Debt that is in the form of Term LoansLoans or (y) the entire outstanding principal amount of Refinanced Debt (or commitments) that is in the form of Revolving Commitments); and (iii) the principal amount (or accreted value, if applicable) of such Refinancing Indebtedness does not exceed the principal or committed amount (or accreted value, if applicable) of the Refinanced Debt (plus the amount of unpaid accrued or capitalized interest and premiums thereon (including make-whole premiums, prepayment premiums, tender premiums and amounts required to be paid in connection with defeasance and satisfaction and discharge), underwriting discounts, original issue discount, defeasance costs, fees (including upfront fees), commissions and expenses).

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Lannett Co Inc), Credit and Guaranty Agreement (Lannett Co Inc)

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Effectiveness of Refinancing Amendment. The effectiveness of any Refinancing Amendment, and the Refinancing Term Commitments thereunder, shall be subject to the satisfaction on the date thereof (a “Refinancing Closing Date”) of each of the following conditions, together with any other conditions set forth in the Refinancing Amendment: (i) after giving effect to such Refinancing Term Commitments, the conditions of Sections 3.2(c3.2(b) and 3.2(d) shall be satisfied (it being understood that all references to “the date of such Credit Extension” or similar language in such Section 3.2 shall be deemed to refer to the applicable Refinancing Closing Date); (ii) each Refinancing Term Commitment shall be in an aggregate principal amount that is not less than $5,000,000 (or the Dollar Equivalent in EurosEuros or Pounds Sterling) and shall be in an increment of $1,000,000 (or the Dollar Equivalent in EurosEuros or Pounds Sterling) (provided that such amount may be less than $5,000,000 (or the Dollar Equivalent in EurosEuros or Pounds Sterling) and not in an increment of $1,000,000 (or the Dollar Equivalent in EurosEuros or Pounds Sterling) if such amount is equal to (x) the entire outstanding principal amount of Refinanced Debt that is in the form of Term LoansLoans or (y) the entire outstanding principal amount of Refinanced Debt (or commitments) that is in the form of Revolving Commitments); and (iii) the principal amount (or accreted value, if applicable) of such Refinancing Indebtedness does not exceed the principal amount (or accreted value, if applicable) of the Refinanced Debt (plus the amount of unpaid accrued or capitalized interest and premiums thereon (including make-whole premiums, prepayment premiums, tender premiums and amounts required to be paid in connection with defeasance and satisfaction and discharge), underwriting discounts, original issue discount, defeasance costs, fees (including upfront fees), commissions and expenses).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Concordia International Corp.)

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