Common use of Option to Purchase Term Obligations Clause in Contracts

Option to Purchase Term Obligations. (i) Without prejudice to the enforcement of remedies by the Term Collateral Agent and the Term Secured Parties, any Person or Persons (in each case who must meet all eligibility standards contained in all relevant Term Documents) at any time or from time to time designated by the holders of more than 50% in aggregate outstanding principal amount of the ABL Obligations under the ABL Credit Agreement as being entitled to exercise all default purchase options as to the Term Obligations then outstanding (an “Eligible ABL Purchaser”) shall have the right to purchase by way of assignment (and shall thereby also assume all commitments and duties of the Term Secured Parties), at any time during the exercise period described in clause (iii) below of this Section 2.4(g), all, but not less than all, of the Term Obligations (other than the Term Obligations of a Defaulting Term Secured Party (as defined below)), including all principal of and accrued and unpaid interest and fees on and all prepayment or acceleration penalties and premiums in respect of all Term Obligations outstanding at the time of purchase; provided that at the time of (and as a condition to) any purchase pursuant to this Exhibit K

Appears in 2 contracts

Samples: Intercreditor Agreement (Dole Food Co Inc), Intercreditor Agreement (Dole Food Co Inc)

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Option to Purchase Term Obligations. (i) Without prejudice to the enforcement of remedies by the Term Collateral Agent and the Term Secured Parties, any Person or Persons (in each case who must meet all eligibility standards contained in all relevant Term Documents) at any time or from time to time designated by the holders of more than 50% in aggregate outstanding principal amount of the ABL Obligations under the ABL Credit Agreement as being entitled to exercise all default purchase options as to the Term Obligations then outstanding (an “Eligible ABL Purchaser”) shall have the right to purchase by way of assignment (and shall thereby also assume all commitments and duties of the Term Secured Parties), at any time during the exercise period described in clause (iii) below of this Section 2.4(g2.4(h), all, but not less than all, of the Term Obligations (other than the Term Obligations of a Defaulting Term Secured Party (as defined below)), including all principal of and accrued and unpaid interest and fees on and all prepayment or acceleration penalties and premiums in respect of all Term Obligations outstanding at the time of purchase; provided that at the time of (and as a condition to) any purchase pursuant to this Exhibit KSection 2.4(h), all commitments pursuant to any then outstanding Term Credit Agreement shall have terminated and all Hedge Agreements constituting Term Documents also shall have been terminated in accordance with their terms. Any purchase pursuant to this Section 2.4(h)(i) shall be made as follows:

Appears in 2 contracts

Samples: Intercreditor Agreement (Dole Food Co Inc), Intercreditor Agreement (Dole Food Co Inc)

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Option to Purchase Term Obligations. (i) Without prejudice to the enforcement of remedies by the Term Collateral Agent and the Term Secured Parties, any Person or Persons (in each case who must meet all eligibility standards contained in all relevant Term Documents) at any time or from time to time designated by the holders of more than 50% in aggregate outstanding principal amount of the ABL Obligations under the ABL Credit Agreement as being entitled to exercise all default purchase options as to the Term Obligations then outstanding (an “Eligible ABL Purchaser”) shall have the right to purchase by way of assignment (and shall thereby also assume all commitments and duties of the Term Secured Parties), at any time during the exercise period described in clause (iii) below of this Section 2.4(g2.4(h), all, but not less than all, of the Term Obligations (other than the Term Obligations of a Defaulting Term Secured Party (as defined below)), including all principal of and accrued and unpaid interest and fees on and all prepayment or acceleration penalties and premiums in respect of all Term Obligations outstanding at the time of purchase; provided that at the time of (and as a condition to) any purchase pursuant to this Exhibit KSection 2.4(h), all commitments pursuant to any then outstanding Term Credit Agreement shall have terminated and all Hedge Agreements constituting Term Documents also shall have been terminated in accordance with their terms. Any purchase pursuant to this Section 2.4(h)(i) shall be made as follows:

Appears in 1 contract

Samples: Intercreditor Agreement (Dole Food Co Inc)

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