Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender existing on the Closing Date made a Term Loan to the Company on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed to make, on the Second Amendment Effective Date, an Additional Term Loan to the Company in an amount equal to such Lender’s Additional Term Loan Commitment as set forth in the Term Loan Joinder Agreement. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11, 2.12 and 2.13, (i) all amounts owed hereunder with respect to the Term Loans (other than the Additional Term Loans) shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Term Loans shall be paid in full no later than the Additional Term Loan Maturity Date. Each Lender’s Additional Term Loan Commitment shall terminate immediately and without further action on the Second Amendment Effective Date after giving effect to the funding of such Lender’s Additional Term Loan Commitment pursuant to the Term Loan Joinder Agreement on such date.
Appears in 3 contracts
Samples: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)
Loan Commitments. (i) Subject to the terms and conditions hereof, (i) each Tranche A-1 Term Lender existing on the Closing Date made a Term Loan severally agrees to the Company make, on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed to make, on the Second Amendment Effective Date, an Additional a Tranche A-1 Term Loan to Lead Borrower for the Company account of the Borrowers or to any other Borrower designated by the Lead Borrower in an amount equal to such Lender’s Additional Tranche A-1 Term Commitment.
(ii) Subject to the terms and conditions hereof, each Tranche A-2 Term Lender severally agrees to make, on the Closing Date, a Tranche A-2 Term Loan to Lead Borrower for the account of the Borrowers in an amount equal to such Lender’s Tranche A-2 Term Commitment. Lead Borrower may only request one borrowing under the Term Loan Commitment as set forth in which shall be on the Term Loan Joinder AgreementClosing Date. Any amount borrowed under this Section 2.1(a2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11Section 2.11 and Section 2.12, 2.12 and 2.13, (i) all amounts owed hereunder with respect to the Term Loans (other than the Additional Term Loans) Loan shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Term Loans shall be paid in full no later than the Additional Term Loan Maturity Date. Each Lender’s Additional Term Loan Commitment shall terminate immediately and without further action on the Second Amendment Effective Closing Date after giving effect to the funding of such Lender’s Additional Term Loan Commitment pursuant to the Term Loan Joinder Agreement on such date.
Appears in 3 contracts
Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.), Subordination Agreement (Franchise Group, Inc.)
Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender existing on the Closing Date made a Term Loan severally agrees to the Company make, (x) on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed to make, on the Second Amendment Effective Date, an Additional Term a Loan to the Company Borrower in an amount equal to such Lender’s Additional Term First Installment Commitment (the “First Installment Loan”) and (y) on the Second Installment Date, a Loan to the Borrower in an amount equal to such Lender’s Second Installment Commitment as set forth in (the Term Loan Joinder Agreement“Second Installment Loan” and, together with the First Installment Loan, collectively, the “Loans” and each a “Loan”). The Borrower may make only one borrowing under the First Installment Commitment which shall be on the Closing Date and only one borrowing under the Second Installment Commitment which shall be on the Second Installment Date. Any amount borrowed under this Section 2.1(a2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11Section 2.06, 2.12 and 2.13, (i) all amounts owed hereunder with respect to the Term Loans (other than the Additional Term Loans) shall be paid Paid in full Full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Term Loans shall be paid in full no later than the Additional Term Loan Maturity Date. Each Lender’s Additional Term Loan First Installment Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Lender’s First Installment Commitment on such date and each Lenders Second Installment Commitment shall terminate immediately and without further action on the Second Amendment Effective Installment Date after giving effect to the funding of such Lender’s Additional Term Loan Second Installment Commitment pursuant to the Term Loan Joinder Agreement on such date.
Appears in 2 contracts
Samples: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)
Loan Commitments. Subject to the terms and conditions hereof, :
(i) each Lender existing on the Closing Date made holding a Tranche B-1 Term Loan Commitment severally agrees to the Company make, on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed to make, on the Second Amendment Effective Date, an Additional a Tranche B-1 Term Loan to the Company Borrower in an amount equal to such Lender’s Additional Tranche B-1 Term Loan Commitment; and
(ii) each Lender holding a Tranche B-2 Term Loan Commitment as set forth in severally agrees to make, on the Closing Date, a Tranche B-2 Term Loan Joinder Agreementto Borrower in an amount equal to such Lender’s Tranche B-2 Term Loan Commitment. Borrower may make only one borrowing under each of the Tranche B-1 Term Loan Commitment and Tranche B-2 Term Loan Commitment which shall be on the Closing Date. Any amount borrowed under this Section 2.1(a) 2.1 and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.10 and 2.11, 2.12 and 2.13, (i) all amounts owed hereunder with respect to the Term Loans (other than the Additional Term Loans) shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Term Loans shall be paid in full no later than the Additional Term Loan Maturity Date. Each Lender’s Additional Term Loan Commitment shall terminate immediately and without further action on the Second Amendment Effective Closing Date after giving effect to the funding of such Lender’s Additional Term Loan Commitment pursuant to the Term Loan Joinder Agreement on such date.
Appears in 2 contracts
Samples: Senior Secured Super Priority Debtor in Possession and Exit Credit and Guaranty Agreement (Tronox Inc), Senior Secured Super Priority Debtor in Possession and Exit Credit and Guaranty Agreement
Loan Commitments. Subject to the terms and conditions hereof, (ix) each Lender existing on the Closing Date made a Term Loan to the Company on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed agrees to make, on the Second Amendment Effective Third Restatement Date, an Additional Tranche B Term Loan Loans in Dollars to the Company Borrower in an amount equal to such Lender’s Additional Tranche B Term Loan Commitment as set forth in Commitment. and (y) the Additional Series X-0 Xxxxxxx X Term Loan Joinder AgreementLender agrees to make, on the Amendment No. 16 Effective Date, a Tranche B Term Loan in Dollars to Borrower in an amount equal to the Additional Series X-0 Xxxxxxx X Term Commitment Amount. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.112.13(a) and 2.14, 2.12 and 2.13, (i) all amounts owed hereunder with respect to the Tranche A Term Loans (other than and the Additional Term Loans) shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Tranche B Term Loans shall be paid in full no later than the Additional Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Additional Tranche B Term Loan Commitment shall terminate immediately and without further action on the Second Third Restatement Date after giving effect to the funding of such Lender’s Tranche B Term Loan Commitment on such date. The Additional Series X-0 Xxxxxxx X Term Loan Lender’s Additional Series X-0 Xxxxxxx X Term Commitment shall terminate immediately and without further action on the Amendment No. 16 Effective Date after giving effect to the funding of such Lender’s Additional Series X-0 Xxxxxxx X Term Loan Commitment pursuant to the Term Loan Joinder Agreement on such date.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)
Loan Commitments. Subject to the terms and conditions hereof, ,
(i) each Lender existing on the Closing Date made a Term Loan severally agrees to the Company make, on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed to make, on the Second Amendment Effective Date, an Additional a Tranche A Term Loan to the Company in an amount equal to such Lender’s Additional 's Tranche A Term Loan Commitment; and
(ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to Company in an amount equal to such Lender's Tranche B Term Loan Commitment. Company may make only one borrowing under each of the Tranche A Term Loan Commitment as set forth in the and Tranche B Term Loan Joinder AgreementCommitment which shall be on the Closing Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11, 2.12 2.12(a) and 2.13, (i) all amounts owed hereunder with respect to the Tranche A Term Loans (other than and the Additional Term Loans) shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Tranche B Term Loans shall be paid in full no later than the Additional Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Additional 's Tranche A Term Loan Commitment and Tranche B Term Loan Commitment shall terminate immediately and without further action on the Second Amendment Effective Closing Date after giving effect to the funding of such Lender’s Additional 's Tranche A Term Loan Commitment pursuant to the and Tranche B Term Loan Joinder Agreement Commitment on such date.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Veterinary Centers of America Inc)
Loan Commitments. Subject to the terms and conditions hereof, ,
(i) each Lender existing on the Closing Date made with a Tranche B-1 Term Loan Commitment severally agrees to the Company make, on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed to make, on the Second Amendment Effective Date, an Additional a Tranche B-1 Term Loan to the Company in an amount equal to such Lender’s Additional Tranche B-1 Term Loan Commitment; and
(ii) each Lender with a Tranche B-2 Term Loan Commitment as set forth in severally agrees to make, on the Closing Date, a Tranche B-2 Term Loan Joinder Agreementto the Company in an amount equal to such Lender’s Tranche B-2 Term Loan Commitment. Any amount The Company may make only one borrowing under each of the Tranche B-1 Term Loan Commitment and Tranche B-2 Term Loan Commitment which shall be on the Closing Date. Amounts borrowed under this Section 2.1(a2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11Section 2.09, 2.12 and 2.13, (i) all amounts owed hereunder with respect to the Tranche B-1 Term Loans (other than and the Additional Tranche B-2 Term Loans) Loans shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect applicable to the Additional such Term Loans shall be paid in full no later than the Additional Loans. Each Tranche B-1 Term Loan Maturity Date. Each Lender’s Additional Commitment and Tranche B-2 Term Loan Commitment shall terminate immediately and without further action on the Second Amendment Effective Closing Date and after giving effect to the funding of such Lender’s Additional Tranche B-1 Term Loan Commitment pursuant to the and Tranche B-2 Term Loan Joinder Agreement Commitment on such date.
Appears in 1 contract
Loan Commitments. Subject to the terms and conditions hereof, ,
(i) each Lender existing on the Closing Date made a Term Loan severally agrees to the Company make, on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed to make, on the Second Amendment Effective Date, an Additional a Tranche A Term Loan to the Company in an amount equal to such Lender’s Additional Tranche A Term Loan Commitment; and
(ii) each Lender severally agrees to make, on the Closing Date, Tranche A-1 Term Loan to SPV in an amount equal to such Lender’s Tranche A-1 Term Loan Commitment. The Applicable Borrowers may make only one borrowing under each of the Tranche A Term Loan Commitment as set forth in and the Tranche A-1 Term Loan Joinder AgreementCommitment which shall be on the Closing Date. The aggregate principal amount of Term Loans borrowed by the Borrowers on the Closing Date must be $150,000,000. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.112.11 and 2.12, 2.12 and 2.13, (i) all amounts owed hereunder with respect to the Tranche A Term Loans (other than and the Additional Term Loans) shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Tranche A-1 Term Loans shall be paid in full no later than the Additional Tranche A Term Loan Maturity Date and the Tranche A-1 Term Loan Maturity Date, respectively. Each Lender’s Additional Tranche A Term Loan Commitment and Tranche A-1 Term Loan Commitment shall terminate immediately and without further action on the Second Amendment Effective Closing Date after giving effect to the funding of such Lender’s Additional Tranche A Term Loan Commitment pursuant to the and Tranche A-1 Term Loan Joinder Agreement Commitment, if any, on such date.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)
Loan Commitments. Subject to the terms and conditions hereof, each Lender severally agrees to make, (i) each Lender existing on the Closing Date made a Term Loan to the Company on the Closing Date, and (ii) each Additional a Term Loan Lender has, pursuant Loanterm loans to the Term Loan Joinder Agreement, severally agreed to make, on the Second Amendment Effective Date, an Additional Term Loan to the Company Borrower in an amount equal to such Lender’s Additional Closing Date Term Loan Commitment as set forth (the “Closing Date Term Loan”) and (ii) on the First Amendment Closing Date, term loans to Borrower in an amount equal to such Lender’s First Amendment Term Loan Commitment (the “First Amendment Term Loan”). Borrower may only request one borrowingtwo borrowings under the Term Loan Joinder AgreementCommitment, one of which shall be on the Closing Date and the other of which shall be on the First Amendment Closing Date. Any amount borrowed under this Section 2.1(a2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11Section 2.11 and Section 2.12, 2.12 and 2.13, (i) all amounts owed hereunder with respect to the Term Loans (other than the Additional Term Loans) Loan shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Term Loans shall be paid in full no later than the Additional Term Loan Maturity Date. Each Lender’s Additional Term Loan Commitment shall terminate immediately and without further action on the Second Amendment Effective Closing Date after giving effect to the funding of such Lender’s Additional Term Loan Commitment pursuant to the Term Loan Joinder Agreement on such date.
Appears in 1 contract
Samples: Credit Agreement (Liberty Tax, Inc.)
Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender existing on the Closing Date made a Tranche B-1 Term Loan Lender severally agrees to the Company make, on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed to make, on the Second Amendment Effective Date, an Additional a Tranche B-1 Term Loan to the Company Borrower in an amount equal to such Lender’s Additional Tranche B-1 Term Loan Commitments and (ii) each Tranche B-2 Term Loan Lender severally agrees to make, on the Closing Date, a Tranche B-2 Term Loan to Borrower in an amount equal to such Lender’s Tranche B-2 Term Loan Commitments. Borrower may make only one borrowing under each of the Tranche B-1 Term Loan Commitment as set forth in the and Tranche B-2 Term Loan Joinder AgreementCommitment which shall be on the Closing Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.112.13(a) and 2.14, 2.12 and 2.13, (i) all amounts owed hereunder with respect to the Term Loans (other than the Additional Term Loans) shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Term Loans shall be paid in full no later than the Additional Tranche B Term Loan Maturity Date. Each Lender’s Additional Tranche B Term Loan Commitment shall terminate immediately and without further action on the Second Amendment Effective Closing Date after giving effect to the funding of such Lender’s Additional Tranche B Term Loan Commitment pursuant to the Term Loan Joinder Agreement on such date.
Appears in 1 contract
Loan Commitments. (i) Subject to the terms and conditions of this Agreement, each of the Continuing Lenders agrees that the Tranche D Term Loans made by such Lender under the Existing Credit Agreement in the amounts set forth in Schedule 2.1A shall remain outstanding on and after the Effective Date as Tranche E Term Loans made pursuant to this Agreement and such Term Loans shall on and after the Effective Date have all of the rights and benefits of Tranche E Term Loans as set forth in this Agreement and the other Loan Documents.
(ii) Subject to the terms and conditions hereof, (i) each Lender existing on the Closing Date made a Term Loan to the Company on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed agrees to make, on the Second Amendment Effective Date, an Additional a Tranche E Term Loan to the Company in an amount equal to such Lender’s Additional 's Tranche E Term Loan Commitment. Company may make only one borrowing under the Tranche E Term Loan Commitment as set forth in which shall be on the Term Loan Joinder AgreementEffective Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11, 2.12 2.12(a) and 2.13, (i) all amounts owed hereunder with respect to the Term Loans (other than the Additional Term Loans) shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Tranche E Term Loans shall be paid in full no later than the Additional Tranche E Term Loan Maturity Date. Each Lender’s Additional 's Tranche E Term Loan Commitment shall terminate immediately and without further action on the Second Amendment Effective Date after giving effect to the funding of such Lender’s Additional 's Tranche E Term Loan Commitment pursuant to the Term Loan Joinder Agreement on such date.
Appears in 1 contract
Loan Commitments. (i) Subject to the terms and conditions of this Agreement, each of the Continuing Lenders agrees that the Existing Tranche E Term Loans made by such Lender under the Existing Credit Agreement in the amounts set forth in Schedule 2.1A shall remain outstanding on and after the Effective Date as Tranche F Term Loans made pursuant to this Agreement and such Term Loans shall on and after the Effective Date have all of the rights and benefits of Tranche F Term Loans as set forth in this Agreement and the other Loan Documents.
(ii) Subject to the terms and conditions hereof, (i) each Lender existing on the Closing Date made a Term Loan to the Company on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed agrees to make, on the Second Amendment Effective Date, an Additional a Tranche F Term Loan to the Company in an amount equal to such Lender’s Additional 's Tranche F Term Loan Commitment. Company may make only one borrowing under the Tranche F Term Loan Commitment as set forth in which shall be on the Term Loan Joinder AgreementEffective Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11, 2.12 2.12(a) and 2.13, (i) all amounts owed hereunder with respect to the Term Loans (other than the Additional Term Loans) shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Tranche F Term Loans shall be paid in full no later than the Additional Tranche F Term Loan Maturity Date. Each Lender’s Additional 's Tranche F Term Loan Commitment shall terminate immediately and without further action on the Second Amendment Effective Date after giving effect to the funding of such Lender’s Additional 's Tranche F Term Loan Commitment pursuant to the Term Loan Joinder Agreement on such date.
Appears in 1 contract
Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender existing with a Term Loan Commitment on the Closing Date made severally agrees to make, a Term Loan to the Company on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agreed to make, on the Second Amendment Effective Date, an Additional Term Loan to the Company Borrower in an amount equal to such Lender’s Additional Term Loan Commitment as set forth in on the Closing Date and each Lender with a Term Loan Joinder AgreementCommitment after the Closing Date agrees to make a Term Loan to Borrower in accordance with the applicable Incremental Amendment, Refinancing Amendment or Extension Amendment. Any amount borrowed under this Section 2.1(a2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.112.13(a) and 2.14, 2.12 and 2.13, (i) all amounts owed hereunder with respect to the Term Loans (other than the Additional Term Loans) of a given Series shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Term Loans shall be paid in full no later than the Additional Term Loan Maturity DateDate applicable thereto. Each Lender’s Additional Term Loan Commitment on the Closing Date shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Lender’s Term Loan Commitment on such date. Each other Term Loan Commitment shall terminate immediately and without further action on the Second date set forth in the applicable Incremental Amendment, Refinancing Amendment Effective Date after giving effect to the funding of such Lender’s Additional Term Loan Commitment pursuant to the Term Loan Joinder Agreement on such dateor Extension Amendment.
Appears in 1 contract