Facility D. The relevant Facility D Lenders grant to UPC Distribution:
Facility D. The Lender agrees, subject to the terms and conditions of the Seventh Amendment, to make a Loan to GNI in the principal amount of $15,000,000. Such Loan shall be made by way of a single borrowing made on the effective date of the Seventh Amendment. The Loan made by the Lender under Facility D shall be evidenced by Note D. The proceeds of the Loan under Facility D shall be used as follows: (i) $3,000,000 as a principal prepayment of the Loan outstanding under Facility B and (ii) the remaining proceeds shall be paid by GNI to DSI in connection with the Consolidation.
Facility D. Subject to the terms and conditions of this Agreement, the L/C Issuer agrees to incur, from time to time prior to the Termination Date, upon the request of Borrower and for Borrower’s account, Letter of Credit Obligations by causing one or more letters of credit to be issued or renewed, as the case may be, for Borrower’s account (the “Letters of Credit” and each, a “Letter of Credit”). The aggregate amount of all such Letter of Credit Obligations shall not at any time exceed the lesser of (i) Seven Million Dollars ($7,000,000.00) (the “L/C Limit”), or the amount permitted by paragraph (f) of this Section 2.02. Subject to Section 2.02(i) hereof, no such Letter of Credit shall have an expiry date which is more than one (1) year following the date of issuance thereof. Any Letter of Credit Obligation may, upon request of the L/C Issuer, be evidenced by a Facility D Note in the form attached hereto as Exhibit B.
Facility D. 2.2.1 Following a written request from the Company at any time after 31 December 2007, the Lenders (acting in their sole discretion) may make available to the Borrowers a multicurrency term loan facility in an aggregate amount of up to £15,000,000 (“Facility D”).
Facility D. Section 5 of the Credit Agreement is hereby amended by:
Facility D. Subject to the terms and conditions of this Agreement, the L/C Issuer agrees to incur, from time to time prior to the Termination Date, upon the request of Borrower and for Borrower’s account, Letter of Credit Obligations by causing one or more standby letters of credit to be issued or renewed, as the case may be, for Borrower’s account (the “Standby Letters of Credit” and each, a “Standby Letter of Credit”). The aggregate amount of all such Letter of Credit Obligations shall not at any time exceed the lesser of (i) Seven Million Dollars ($7,000,000.00) (the “L/C Limit”), or the amount permitted by paragraph (f) of this Section 2.02. Subject to Section 2.02(i) hereof, no such Standby Letter of Credit shall have an expiry date which is more than one (1) year following the date of issuance thereof. Any Letter of Credit Obligation may, upon request of the L/C Issuer, be evidenced by a Facility D Note in the form attached hereto as Exhibit B. Borrower shall deliver to L/C Issuer a completed and executed application form together with subcharter documents in the forms then required by L/C Issuer prior to the issuance of any Standby Letter of Credit. In the event of any inconsistency between L/C Issuer’s required forms and this Agreement, the Mortgages and the Assignments, the provisions of this Agreement, the Mortgages and the Assignments shall prevail. In addition, the special provisions of Exhibit J shall apply to any Standby Letters of Credit and any extensions or reversals thereof.
Facility D. No amounts prepaid in respect of Facility D may be reborrowed. Any amount prepaid in respect of the Facility D Outstandings shall reduce each outstanding Facility D Repayment Instalment pro rata. Any cancellation or prepayment in relation to Facility D shall be applied pro rata between the Facility D1 Commitments, the Facility D2 Commitments and the Facility D3 Commitments or (as the case may be) Facility D1 Outstandings, Facility D2 Outstandings and Facility D3 Outstandings according to their respective Sterling Amounts.
Facility D. The relevant Facility D Lenders grant to UPC Broadband:
Facility D. 1.1. On the date hereof, a new facility shall be extended to Pointer, in an amount of up to US $ 10,000,000 (“Facility D”).
Facility D. The Borrower shall repay the Facility D Outstandings in full on the Facility D Repayment Date.
