FILO Term Loan. Borrowers may not prepay the outstanding principal of the FILO Term Loan (including any prepayment fees or premiums owed in connection therewith); provided that, at any time after the date of receipt (so long as after June 30, 2023) by the Term Loan Agent of the Compliance Certificate (as defined in the Term Loan Agreement) delivered pursuant to Section 5.1 of the Term Loan Agreement with respect to the fiscal quarter ended June 30, 2023, so long as (A) no Event of Default has occurred and is continuing, (B) Parent and Borrowers are in compliance with the financial covenants in Section 7 of the Term Loan Agreement (as in effect on the Closing Date, including with respect to any defined terms used in such financial covenants) for two consecutive calendar quarters ended immediately preceding such prepayment (without giving effect to any consents, waivers, grace periods, amendments or cures), (C) Borrowers provide copies of the Compliance Certificates (as defined in the Term Loan Agreement) demonstrating the calculations in reasonable detail pursuant to the foregoing clause (B), and (D) immediately before and immediately after giving effect to such prepayment (plus any interest, unpaid fees, indemnities and expenses paid in connection therewith), the sum of (1) Excess Availability and (2) the amount, if any, by which the Borrowing Base (based upon the Borrowing Base Certificate most recently delivered by Borrowers to Agent as reasonably adjusted for Reserves established by Agent in accordance with Section 2.1(c)) exceeds the Maximum Revolver Amount up to an amount not to exceed $5,000,000, is at least $20,000,000, Borrowers may, upon at least ten Business Days prior written notice to Agent, make a one-time prepayment of all (but not less than all) of the outstanding principal amount of the FILO Term Loan. The prepayment made pursuant to this Section 2.4(d)(ii) shall be accompanied by the payment of accrued interest to the date of such payment on the amount prepaid and any unpaid fees, indemnities and expenses in favor of FILO Representative or any FILO Term Loan Lender then due, including without limitation any prepayment fees or premiums arising in connection therefrom. In the event that the FILO Term Loan is purchased pursuant to Section 6(b) of the Agreement Among Lenders and notwithstanding anything contained in the FILO Fee Letter to the contrary, Borrowers shall be prohibited from paying any prepayment fees or premiums owed to FILO Representative or any...
FILO Term Loan. Subject to the terms and conditions hereof, on the First Amendment Funding Date each FILO Term Loan Lender severally agrees to make term loans (collectively, the “FILO Term Loan”) in Dollars to the Borrowers in an amount equal to such FILO Term Loan Lender’s FILO Term Loan Commitment. The outstanding unpaid principal balance and all accrued and unpaid interest on the FILO Term Loan shall be due and payable on the earlier of (i) the FILO Maturity Date and (ii) the date of the acceleration of the FILO Term Loan in accordance with the terms hereof. Any principal amount of the FILO Term Loan that is repaid or prepaid may not be reborrowed. All principal of, interest on, and other amounts payable in respect of the FILO Term Loan shall constitute Obligations hereunder.
FILO Term Loan. Subject to the terms and conditions of this Agreement, on the Closing Date each FILO Term Loan Lender agrees (severally, not jointly or jointly and severally) to make term loans (collectively, the “FILO Term Loan”) to Borrowers in an amount equal to the lesser of (a) such Xxxxxx’s FILO Term Loan Commitment and (b) such Xxxxxx’s Pro Rata Share of the FILO Term Loan Amount. The outstanding unpaid principal balance and all accrued and unpaid interest on the FILO Term Loan shall be due and payable on the earlier of (i) the Maturity Date, and (ii) the date on which the FILO Term Loan otherwise becomes due and payable pursuant to the terms of this Agreement. Any principal amount of the FILO Term Loan that is repaid or prepaid may not be reborrowed. All principal of, interest on, and other amounts payable in respect of the FILO Term Loan shall constitute Obligations hereunder.
FILO Term Loan. Subject to the terms and conditions of this Agreement, on the Closing Date each Lender with a FILO Term Loan Commitment agrees (severally, not jointly or jointly and severally) to make term loans (collectively, the “FILO Term Loan”) to Borrowers in an amount equal to such Lender’s Pro Rata Share of the FILO Term Loan Amount. The principal of the FILO Term Loan shall be repaid in monthly installments of $416,666.67 on the last day of each calendar month (commencing July 31, 2013) until repaid in full. The outstanding unpaid principal balance and all accrued and unpaid interest on the FILO Term Loan shall be due and payable on the earlier of (a) the FILO Term Loan Maturity Date, and (b) the date of the acceleration of the FILO Term Loan in accordance with the terms hereof. Any principal amount of the FILO Term Loan that is repaid or prepaid may not be reborrowed. All principal of, interest on, and other amounts payable in respect of the FILO Term Loan shall constitute Obligations hereunder.
FILO Term Loan. Borrowers may, upon at least 3 Business Days prior written notice to Agent, prepay the principal of the FILO Term Loan, in whole or in part, without premium or penalty. Each prepayment made pursuant to this Section 2.4(d)(ii) shall be accompanied by the payment of accrued interest to the date of such payment on the amount prepaid. Each such prepayment shall be applied against the remaining installments of principal due on the FILO Term Loan in the inverse order of maturity (for the avoidance of doubt, any amount that is due and payable on the FILO Term Loan Maturity Date shall constitute an installment).
FILO Term Loan. Subject to the terms and conditions of the Agreement and this Rider, Xxxxxx agrees to make a term loan to the Borrower on the Sixth Amendment Effective Date in the principal amount of $5,000,000 (the “FILO Term Loan”), which FILO Term Loan shall constitute a “Loan” for all purposes under the Agreement. The Borrower shall not be entitled to borrow under the FILO Term Loan after the Sixth Amendment Effective Date or to reborrow any amounts repaid with respect to the FILO Term Loan.
