Common use of Repayment and Amortization of Loans; Evidence of Debt Clause in Contracts

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b)): December 31, 2019 $625,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (e) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (f) The entries made in the accounts maintained pursuant to paragraph (d) or (e) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (g) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 2 contracts

Samples: Credit Agreement (Globalscape Inc), Credit Agreement (Globalscape Inc)

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Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made to the Borrower by such Lender on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the . The Borrower shall repay all Swingline Term Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b)the terms of this Agreement): Date Amount June 30, 2019 $ 1,250,000 September 30, 2019 $ 1,250,000 December 31, 2019 $625,000 $ 1,250,000 March 31, 2020 $$ 1,250,000 June 30, 2020 $$ 1,250,000 September 30, 2020 $$ 1,250,000 December 31, 2020 $$ 1,250,000 March 31, 2021 $1,875,000 $ 1,250,000 June 30, 2021 $1,875,000 $ 1,250,000 September 30, 2021 $1,875,000 $ 1,250,000 December 31, 2021 $1,875,000 $ 1,250,000 March 31, 2022 $1,875,000 $ 1,250,000 June 30, 2022 $1,875,000 $ 2,500,000 September 30, 2022 $1,875,000 $ 2,500,000 December 31, 2022 $1,875,000 $ 2,500,000 March 31, 2023 $$ 2,500,000 June 30, 2023 $$ 2,500,000 September 30, 2023 $$ 2,500,000 December 31, 2023 $$ 2,500,000 March 31, 2024 $$ 2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash U.S. Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (eb) The Administrative records maintained by the Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (f) The entries made in the accounts maintained pursuant to paragraph (d) or (e) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower in respect of the Loans, interest and fees due or accrued hereunder; provided that the failure of the Agent or any Lender or the Administrative Agent to maintain such accounts records or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (gc) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative AgentAgent and the Borrower. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Samples: Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (MSG Entertainment Spinco, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the . The Borrower shall repay all Swingline Term Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below in an amount equal to (x) the original aggregate principal amount of Term Loans funded on the Funding Date multiplied by (y) the percentage set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11(a) or 2.18(band Section 2.11(e)): December 31, 2019 $625,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 Date Amount June 30, 2022 $1,875,000 1.25 % September 30, 2022 $1,875,000 1.25 % December 31, 2022 $1,875,000 1.25 % March 31, 2023 $2,500,000 1.25 % June 30, 2023 $2,500,000 1.25 % September 30, 2023 $2,500,000 1.25 % December 31, 2023 $2,500,000 1.25 % March 31, 2024 $2,500,000 1.25 % June 30, 2024 $2,500,000 1.25 % September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount 1.25 % December 31, 2024 1.25 % March 31, 2025 1.25 % June 30, 2025 2.5 % September 30, 2025 2.5 % December 31, 2025 2.5 % March 31, 2026 and the last day of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. each calendar quarter ending thereafter 2.5 % To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that that, the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the Obligations (including the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement). (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a the form attached hereto as Exhibit D-1 or Exhibit D-2, as applicable, or otherwise as approved by the Administrative AgentAgent (such notes, collectively, the “Notes”). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 2 contracts

Samples: Credit Agreement (Waldencast PLC), Credit Agreement (Waldencast Acquisition Corp.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made to such Borrower on the Revolving Credit Maturity Date, Date in the currency of such Loan and (ii) in the case of the Company, to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower Company shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan outstanding. The Company shall be applied by the Administrative Agent to repay any Swingline Term Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below (subject to adjustment pursuant to Section 2.18(a)) in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): June 30, 2008 $ 1,875,000 September 30, 2008 $ 1,875,000 December 31, 2019 $625,000 2008 $ 1,875,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $2009 $ 1,875,000 June 30, 2021 $1,875,000 2009 $ 3,750,000 September 30, 2021 $1,875,000 2009 $ 3,750,000 December 31, 2021 $1,875,000 2009 $ 3,750,000 March 31, 2022 $1,875,000 2010 $ 3,750,000 June 30, 2022 $1,875,000 2010 $ 5,625,000 September 30, 2022 $1,875,000 2010 $ 5,625,000 December 31, 2022 $1,875,000 2010 $ 5,625,000 March 31, 2023 $2,500,000 2011 $ 5,625,000 June 30, 2023 $2,500,000 2011 $ 7,500,000 September 30, 2023 $2,500,000 2011 $ 7,500,000 December 31, 2023 $2,500,000 2011 $ 7,500,000 March 3130, 2024 $2,500,000 2012 $ 7,500,000 June 30, 2024 $2,500,000 2012 $ 18,750,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day2012 $ 18,750,000 December 31, then payment shall be due and payable on the Business Day immediately preceding such date. 2012 $ 37,500,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower Company on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it to any Borrower be evidenced by a promissory note. In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Bruker Biosciences Corp)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Term Loan A/Revolver Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Facility Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Facility Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender A Loans on each date set forth below in the aggregate principal amount set forth opposite such date (or if such date is not a Business Day on the immediately preceding Business Day) (as adjusted from time to time pursuant to Section 2.11(d2.11) or 2.18(b)and each such payment shall be made to the Term Loan A/Revolver Administrative Agent for the account of each Initial Term A Lender (each such date, an “Initial Term A Loan Installment Date”): December 31, 2015 $12,500,000 March 31, 2016 $12,500,000 June 30, 2016 $12,500,000 September 30, 2016 $12,500,000 December 31, 2016 $18,750,000 March 31, 2017 $18,750,000 June 30, 2017 $18,750,000 September 30, 2017 $18,750,000 December 31, 2017 $25,000,000 March 31, 2018 $25,000,000 June 30, 2018 $25,000,000 September 30, 2018 $25,000,000 December 31, 2018 $25,000,000 March 31, 2019 $25,000,000 June 30, 2019 $25,000,000 September 30, 2019 $25,000,000 December 31, 2019 $625,000 25,000,000 March 31, 2020 $1,250,000 25,000,000 June 30, 2020 $1,250,000 25,000,000 Initial Term A Facility Maturity Date $600,000,000 (c) The Borrower shall repay Term B Loans on each date set forth below in the aggregate principal amount set forth opposite such date (or if such date is not a Business Day on the immediately preceding Business Day) (as adjusted from time to time pursuant to Section 2.11) and each such payment shall be made to the Term Loan B Administrative Agent for the account of each Initial Term B Lender (each such date an “Initial Term B Loan Installment Date”): December 31, 2015 $2,000,000 March 31, 2016 $2,000,000 June 30, 2016 $2,000,000 September 30, 2016 $2,000,000 December 31, 2016 $2,000,000 March 31, 2017 $2,000,000 June 30, 2017 $2,000,000 September 30, 2017 $2,000,000 December 31, 2017 $2,000,000 March 31, 2018 $2,000,000 June 30, 2018 $2,000,000 September 30, 2018 $2,000,000 December 31, 2018 $2,000,000 March 31, 2019 $2,000,000 June 30, 2019 $2,000,000 September 30, 2019 $2,000,000 December 31, 2019 $2,000,000 March 31, 2020 $2,000,000 June 30, 2020 $2,000,000 September 30, 2020 $1,250,000 2,000,000 December 31, 2020 $1,250,000 2,000,000 March 31, 2021 $1,875,000 2,000,000 June 30, 2021 $1,875,000 2,000,000 September 30, 2021 $1,875,000 2,000,000 December 31, 2021 $1,875,000 2,000,000 March 31, 2022 $1,875,000 2,000,000 June 30, 2022 $1,875,000 September 302,000,000 Initial Term B Facility Maturity Date $746,000,000 (d) In the event that any Other Term Loans are made, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 the applicable Borrower shall repay such Other Term Loans on the dates and in the amounts set forth in the documentation relating thereto (each such date being referred to as an “Other Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Installment Date”). (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (de) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ef) The Each Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the such Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fg) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the applicable Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (gh) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in a the form approved by the Administrative Agentattached hereto as Exhibit I-1, I-2, or I-3, as applicable. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the payee named therein and its registered assigns.

Appears in 1 contract

Samples: Credit Agreement (Hill-Rom Holdings, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower Borrowers hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and ; (ii) to the Administrative Agent the then unpaid amount of each Protective Advance on the earlier of the Maturity Date and demand by the Administrative Agent; (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied demand by the Administrative Agent to repay any Swingline Loans outstandingLender. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on On each date set forth below below, the aggregate Borrowers shall repay the principal amount owing with respect to the Term A Loans in the amount set forth opposite each such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b)): December 31date: April 15, 2019 2010 $625,000 March 3112,500,000 July 15, 2020 2010 $1,250,000 June 3012,500,000 October 15, 2020 2010 $1,250,000 September 3012,500,000 January 15, 2020 2011 $1,250,000 December 3112,500,000 April 15, 2020 2011 $1,250,000 March 3112,500,000 July 15, 2021 2011 $1,875,000 June 3012,500,000 October 15, 2021 2011 $1,875,000 September 3012,500,000 January 15, 2021 2012 $1,875,000 December 3112,500,000 April 15, 2021 2012 $1,875,000 March 3112,500,000 July 15, 2022 2012 $1,875,000 June 3012,500,000 October 15, 2022 2012 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan 12,500,000 Maturity Date The entire unpaid principal amount of all for the Term A Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. $12,500,000 To the extent not previously paid, all unpaid Term A Loans shall be paid in full in cash by the Borrower Borrowers on the Maturity Date for the Term Loan Maturity DateA Loans. (c) Prior On each date set forth below the Borrowers shall repay the principal amount owing with respect to any repayment of any the Term Loan Borrowings of any Class under this SectionB Loans in the amount set forth opposite such date: April 15, 2011 $12,500,000 July 15, 2011 $12,500,000 October 15, 2011 $12,500,000 January 15, 2012 $12,500,000 April 15, 2012 $12,500,000 July 15, 2012 $12,500,000 October 15, 2012 $12,500,000 January 15, 2013 $12,500,000 April 15, 2013 $12,500,000 July 15, 2013 $12,500,000 October 15, 2013 $12,500,000 January 15, 2014 $12,500,000 April 15, 2014 $12,500,000 July 15, 2014 $12,500,000 October 15, 2014 $12,500,000 Maturity Date for the Borrower shall select Term B Loans $12,500,000 To the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System)extent not previously paid, of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a all unpaid Term Loan Borrowing B Loans shall be applied ratably to paid in full in cash by the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest Borrowers on the amounts repaidMaturity Date for the Term B Loans. (d) On each Business Day during a Dominion Period, (i) the Administrative Agent shall apply all funds credited to the U.S. Collection Deposit Account on the previous Business Day (whether or not immediately available) first, to prepay any Protective Advances that may be outstanding, second, to prepay the Revolving Loans (including Swingline Loans) and third, to cash collateralize outstanding LC Exposure; and (ii) the Administrative Agent shall apply all funds credited to the Non-U.S. Collection Deposit Account as of the previous Business Day (whether or not immediately available) first, to prepay any Protective Advances made to the Bermuda Borrowers that may be outstanding, second, to prepay the Revolving Loans (including Swingline Loans) to the Bermuda Borrowers and third, to cash collateralize outstanding LC Exposure in respect of the Bermuda Borrowers. (e) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ef) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fg) The entries made in the accounts maintained pursuant to paragraph paragraphs (de) or (ef) of this Section shall be prima facie evidence evidence, absent manifest error, of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (gh) Any Lender may request that Loans made by it be evidenced by a promissory noteNote. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent). Thereafter, the Loans evidenced by such promissory note Note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes Notes in such formform payable to the order of the payee named therein (or, if such Note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Pilgrims Pride Corp)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Facility Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Facility Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Initial Term Lender A Loans on each date set forth below in the aggregate principal amount set forth opposite such date (or if such date is not a Business Day on the immediately preceding Business Day) (as adjusted from time to time pursuant to Section 2.11(d2.11) or 2.18(b)and each such payment shall be made to the Administrative Agent for the account of each Initial Term A Lender (each such date, an “Initial Term A Loan Installment Date”): December 31, 2016 $18,281,250.00 March 31, 2017 $18,281,250.00 June 30, 2017 $18,281,250.00 September 30, 2017 $18,281,250.00 December 31, 2017 $27,421,875.00 March 31, 2018 $27,421,875.00 June 30, 2018 $27,421,875.00 September 30, 2018 $27,421,875.00 December 31, 2018 $36,562,500.00 March 31, 2019 $36,562,500.00 June 30, 2019 $36,562,500.00 September 30, 2019 $36,562,500.00 December 31, 2019 $625,000 36,562,500.00 March 31, 2020 $1,250,000 36,562,500.00 June 30, 2020 $1,250,000 36,562,500.00 September 30, 2020 $1,250,000 36,562,500.00 December 31, 2020 $1,250,000 36,562,500.00 March 31, 2021 $1,875,000 36,562,500.00 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 36,562,500.00 Initial Term Loan A Facility Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date.$877,500,000.00 (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid[Reserved]. (d) In the event that any Other Term Loans are made, the applicable Borrower shall repay such Other Term Loans on the dates and in the amounts set forth in the documentation relating thereto (each such date being referred to as an “Other Term Loan Installment Date”). (e) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ef) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fg) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (gh) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in a the form approved by the Administrative Agentattached hereto as Exhibit I‑1, I‑2, or I-3, as applicable. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the payee named therein and its registered assigns.

Appears in 1 contract

Samples: Credit Agreement (Hill-Rom Holdings, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made to such Borrower on the Revolving Credit Maturity Date, Date in the currency of such Loan and (ii) in the case of the Company, to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower Company shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Company shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): March 31, 2017 $ 5,625,000 June 30, 2017 $ 5,625,000 September 30, 2017 $ 5,625,000 December 31, 2017 $ 5,625,000 March 31, 2018 $ 5,625,000 June 30, 2018 $ 5,625,000 September 30, 2018 $ 5,625,000 December 31, 2018 $ 5,625,000 March 31, 2019 $ 7,500,000 June 30, 2019 $ 7,500,000 September 30, 2019 $ 7,500,000 December 31, 2019 $625,000 $ 7,500,000 March 31, 2020 $1,250,000 $ 7,500,000 June 30, 2020 $1,250,000 $ 7,500,000 September 30, 2020 $1,250,000 $ 7,500,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. $ 7,500,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower Company on the Term Loan Maturity Date. Notwithstanding anything to the contrary in this Agreement, no Foreign Subsidiary Borrower will be liable for any Obligations of any U.S. Person. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (ge) Any Lender may request that Loans made by it to any Borrower be evidenced by a promissory note. In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a the form approved by the Administrative Agent. attached hereto as Exhibit J. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Watts Water Technologies Inc)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A Lender on each date set forth below the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b)): December 31, 2019 2017 $416,666.67 March 31, 2018 $625,000 June 30, 2018 $625,000 September 30, 2018 $625,000 December 31, 2018 $625,000 March 31, 2019 $625,000 June 30, 2019 $625,000 September 30, 2019 $625,000 December 31, 2019 $937,500 March 31, 2020 $937,500 June 30, 2020 $937,500 September 30, 2020 $937,500 December 31, 2020 $937,500 March 31, 2021 $937,500 June 30, 2021 $937,500 September 30, 2021 $937,500 December 31, 2021 $1,250,000 March 31, 2022 $1,250,000 June 30, 2020 2022 $1,250,000 September 30, 2020 2022 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan A Maturity Date The entire unpaid principal amount of all Term A Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term A Loans shall be paid in full in cash by the Borrower on the Term Loan A Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class Class, if applicable, under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), fax) of such selection not later than 11:00 a.m.noon, New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing of any Class shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (e) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (f) The entries made in the accounts maintained pursuant to paragraph (d) or (e) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (g) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (Usa Technologies Inc)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each 2012 Revolving Loan on the 2012 Revolving Credit Maturity Date and each 2014 Revolving Loan on the 2014 Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on or before the earlier of fifth (5th) Business Day after the date on which such Swingline Loan is made or such later date to which the Swingline Lender and the Borrower agree and, in any event, on the 2012 Revolving Credit Maturity Date and and, following the fifth Business Day after such Swingline Loan is made; provided that 2012 Revolving Credit Maturity Date, on each date that a the 2014 Revolving Loan is made, the Credit Maturity Date. The Borrower shall repay all Swingline the Incremental Term Loans then outstanding as set forth in the applicable Commitment and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) Acceptance in accordance with Section 2.04. The Borrower hereby unconditionally promises to pay to shall (i) repay the Administrative Agent for the account of each 2012 Tranche A Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(e)): June 30, 2010 $ 7,613,576.46 September 30, 2010 $ 7,613,576.46 December 31, 2019 $625,000 2010 $ 7,613,576.46 March 31, 2020 $1,250,000 2011 $ 7,613,576.46 June 30, 2020 $1,250,000 2011 $ 35,530,032.48 September 30, 2020 $1,250,000 2011 $ 35,530,032.48 December 31, 2020 $1,250,000 2011 $ 35,530,032.48 2012 Revolving Credit Maturity Date $ 35,530,032.48 and (ii) repay the 2014 Tranche A Term Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(e)): September 30, 2010 $ 13,780,320.00 December 31, 2010 $ 13,780,320.00 March 31, 2021 $1,875,000 2011 $ 13,780,320.00 June 30, 2021 $1,875,000 2011 $ 13,780,320.00 September 30, 2021 $1,875,000 2011 $ 13,780,320.00 December 31, 2021 $1,875,000 2011 $ 13,780,320.00 March 31, 2022 $1,875,000 2012 $ 13,780,320.00 June 30, 2022 $1,875,000 2012 $ 82,681,920.02 September 30, 2022 $1,875,000 2012 $ 82,681,920.02 December 31, 2022 $1,875,000 2012 $ 82,681,920.02 March 31, 2023 $2,500,000 2013 $ 82,681,920.02 June 30, 2023 $2,500,000 2013 $ 82,681,920.02 September 30, 2023 $2,500,000 2013 $ 82,681,920.02 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan 2013 $ 82,681,920.02 2014 Revolving Credit Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. $ 427,189,920.10 To the extent not previously paidrepaid, all unpaid 2012 Tranche A Term Loans shall be paid repaid in full in cash by the Borrower on the 2012 Revolving Credit Maturity Date. To the extent not previously repaid, all unpaid 2014 Tranche A Term Loan Loans shall be repaid in full in cash by the Borrower on the 2014 Revolving Credit Maturity Date. In addition, the Borrower shall (i) repay the 0000 Xxxxxxx X Term Loans on the last day of each calendar quarter (commencing with the calendar quarter ending on or about June 30, 2010) in an aggregate principal amount equal to $1,784,704.69 (as adjusted from time to time pursuant to Section 2.11(e)), (ii) repay the 0000 Xxxxxxx X Term Loans on the last day of each calendar quarter (commencing with the calendar quarter ending on or about September 30, 2010) in an aggregate principal amount equal to $1,230,983.02 (as adjusted from time to time pursuant to Section 2.11(e)) and (iii) repay the 0000 Xxxxxxx X Term Loans on the last day of each calendar quarter (commencing with the calendar quarter ending on or about September 30, 2010) in an aggregate principal amount equal to $1,402,853.43 (as adjusted from time to time pursuant to Section 2.11(e)). To the extent not previously repaid, all unpaid 2014 Tranche B Term Loans shall be repaid in full in cash by the Borrower on the 2014 Tranche B Maturity Date. To the extent not previously repaid, all unpaid 2016 Tranche B Term Loans shall be repaid in full in cash by the Borrower on the 0000 Xxxxxxx X Maturity Date. To the extent not previously repaid, all unpaid 2017 Tranche B Term Loans shall be repaid in full in cash by the Borrower on the 0000 Xxxxxxx X Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded thereintherein absent manifest error; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Dean Foods Co)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11(a) or 2.18(band Section 2.11(c)): December 31, 2019 2011 $625,000 4,375,000 March 31, 2020 2012 $1,250,000 4,375,000 June 30, 2020 2012 $1,250,000 4,375,000 September 30, 2020 2012 $1,250,000 4,375,000 December 31, 2020 2012 $1,250,000 8,750,000 March 31, 2021 2013 $1,875,000 8,750,000 June 30, 2021 2013 $1,875,000 8,750,000 September 30, 2021 2013 $1,875,000 8,750,000 December 31, 2021 2013 $1,875,000 13,125,000 March 31, 2022 2014 $1,875,000 13,125,000 June 30, 2022 2014 $1,875,000 13,125,000 September 30, 2022 2014 $1,875,000 13,125,000 December 31, 2022 2014 $1,875,000 17,500,000 March 31, 2023 2015 $2,500,000 17,500,000 June 30, 2023 2015 $2,500,000 17,500,000 September 30, 2023 2015 $2,500,000 17,500,000 December 31, 2023 2015 $2,500,000 43,750,000 March 31, 2024 2016 $2,500,000 43,750,000 June 30, 2024 2016 $2,500,000 43,750,000 September 30, 2024 2016 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 43,750,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Par Pharmaceutical Companies, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower Domestic Borrowers, jointly and severally, and each Foreign Borrower, solely with respect to Revolving Loans made to such Foreign Borrower, hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Facility Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Facility Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower Domestic Borrowers shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Closing Date Domestic Borrowers shall repay Initial Term Lender A Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11) or 2.18(b)and each such payment shall be made to the Administrative Agent for the account of each Term Lender (each such date, an “Initial Term A Loan Installment Date”): Payment Date Aggregate Principal Amount December 31, 2019 $625,000 12,500,000.00 March 31, 2020 $1,250,000 12,500,000.00 June 30, 2020 $1,250,000 12,500,000.00 September 30, 2020 $1,250,000 12,500,000.00 December 31, 2020 $1,250,000 12,500,000.00 March 31, 2021 $1,875,000 12,500,000.00 June 30, 2021 $1,875,000 12,500,000.00 September 30, 2021 $1,875,000 12,500,000.00 December 31, 2021 $1,875,000 12,500,000.00 March 31, 2022 $1,875,000 12,500,000.00 June 30, 2022 $1,875,000 12,500,000.00 September 30, 2022 $1,875,000 12,500,000.00 December 31, 2022 $1,875,000 18,750,000.00 March 31, 2023 $2,500,000 18,750,000.00 June 30, 2023 $2,500,000 18,750,000.00 September 30, 2023 $2,500,000 18,750,000.00 December 31, 2023 $2,500,000 25,000,000.00 March 31, 2024 $2,500,000 25,000,000.00 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 25,000,000.00 Initial Term Loan A Facility Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date.$700,000,000.00 (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid[Reserved]. (d) In the event that any Other Term Loans are made, the applicable Borrower shall repay such Other Term Loans on the dates and in the amounts set forth in the documentation relating thereto (each such date being referred to as an “Other Term Loan Installment Date”). (e) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such LenderXxxxxx, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ef) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fg) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (gh) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Lead Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and substantially in a the form approved by the Administrative Agentattached hereto as Exhibit I-1 or I-2, as applicable. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the payee named therein and its registered assigns.

Appears in 1 contract

Samples: Credit Agreement

Repayment and Amortization of Loans; Evidence of Debt. (a) The Each Applicable Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each of its Revolving Loan Loans on the Revolving Credit Maturity Date, Date in the currency of such Loan and (ii) to the applicable Swingline Lender the then unpaid principal amount of each Swingline Loan made by such Swingline Lenders on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): Date Amount September 30, 2019 $ 937,500 December 31, 2019 $625,000 $ 937,500 March 31, 2020 $1,250,000 $ 937,500 June 30, 2020 $1,250,000 $ 937,500 September 30, 2020 $1,250,000 $ 1,875,000 December 31, 2020 $1,250,000 $ 1,875,000 March 31, 2021 $$ 1,875,000 June 30, 2021 $$ 1,875,000 September 30, 2021 $$ 1,875,000 December 31, 2021 $$ 1,875,000 March 31, 2022 $$ 1,875,000 June 30, 2022 $$ 1,875,000 September 30, 2022 $1,875,000 $ 2,812,500 December 31, 2022 $1,875,000 $ 2,812,500 March 31, 2023 $2,500,000 $ 2,812,500 June 30, 2023 $2,500,000 $ 2,812,500 September 30, 2023 $2,500,000 $ 3,750,000 December 31, 2023 $2,500,000 $ 3,750,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. $ 3,750,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns). (f) If at any time for any reason (other than fluctuations in currency exchange rates) the Total Revolving Credit Exposure exceeds the aggregate Revolving Commitments of the Revolving Lenders, the Borrower shall (or shall cause one or more Subsidiary Borrowers to) immediately prepay the Loans (other than Term Loans) in the amount of such excess. To the extent that, after the prepayment of all such Loans an excess of the Total Revolving Credit Exposure over the aggregate Revolving Commitments still exists, the Borrower shall (or shall cause one or more Subsidiary Borrowers to) promptly cash collateralize the Letters of Credit in the manner described in Section 2.06(j) in an amount sufficient to eliminate such excess. (g) The Administrative Agent will determine the aggregate LC Exposure and the Dollar Equivalent of each Loan on each Exchange Rate Date. If at any time the sum of such amounts exceeds 105% of the aggregate Revolving Commitments of the Revolving Lenders as a result of fluctuations in currency exchange rates, the Borrower shall (or shall cause one or more Subsidiary Borrowers to) immediately prepay the Loans (other than Term Loans) in the amount of such excess. To the extent that, after the prepayment of all such Loans an excess of the sum of such amounts over the aggregate Revolving Commitments still exists, the Borrower shall (or shall cause one or more Subsidiary Borrowers to) promptly cash collateralize the Letters of Credit in the manner described in Section 2.06(j) in an amount sufficient to eliminate such excess.

Appears in 1 contract

Samples: Credit Agreement (Scansource, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): December 31, 2019 2014 $625,000 6,250,000 March 31, 2020 2015 $1,250,000 6,250,000 June 30, 2020 2015 $1,250,000 6,250,000 September 30, 2020 2015 $1,250,000 6,250,000 December 31, 2020 2015 $1,250,000 12,500,000 March 31, 2021 2016 $1,875,000 12,500,000 June 30, 2021 2016 $1,875,000 12,500,000 September 30, 2021 2016 $1,875,000 12,500,000 December 31, 2021 2016 $1,875,000 12,500,000 March 31, 2022 2017 $1,875,000 12,500,000 June 30, 2022 2017 $1,875,000 12,500,000 September 30, 2022 2017 $1,875,000 12,500,000 December 31, 2022 2017 $1,875,000 18,750,000 March 31, 2023 2018 $2,500,000 18,750,000 June 30, 2023 2018 $2,500,000 18,750,000 September 30, 2023 2018 $2,500,000 18,750,000 December 31, 2023 2018 $2,500,000 18,750,000 March 31, 2024 2019 $2,500,000 18,750,000 June 30, 2024 2019 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 18,750,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (PTC Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay outstanding Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b)2.11): December 31, 2019 $625,000 March 31, 2020 2012 $1,250,000 June 30, 2020 2012 $1,250,000 September 30, 2020 2012 $1,250,000 December 31, 2020 2012 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 2013 $2,500,000 June 30, 2023 2013 $2,500,000 September 30, 2023 2013 $2,500,000 December 31, 2023 2013 $2,500,000 March 31, 2024 2014 $2,500,000 3,750,000 June 30, 2024 2014 $2,500,000 3,750,000 September 30, 2024 2014 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day3,750,000 December 31, then payment shall be due and payable on the Business Day immediately preceding such date. 2014 $3,750,000 March 31, 2015 $5,000,000 June 30, 2015 $5,000,000 September 30, 2015 $5,000,000 December 31, 2015 $5,000,000 March 31, 2016 $12,500,000 June 30, 2016 $12,500,000 September 30, 2016 $12,500,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and substantially in a the form approved by the Administrative Agentattached as Exhibit B hereto. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Universal Corp /Va/)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower Borrowers hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made to such Borrowers on the Revolving Credit Maturity Date, and (ii) to the Administrative Agent for the account of the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower Borrowers shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to Borrowers shall repay the Administrative Agent for the account of each Delayed Draw Term Lender Loans on each date set forth below below, commencing as of the last day of the first full quarter ending after the initial borrowing of a Delayed Draw Term Loan, each payment to be in an aggregate principal amount equal to the product of (x) the percentage set forth opposite the applicable payment date set forth below (once payments are required to commence) multiplied by (y) the original aggregate principal amount of all Delayed Draw Term Loans funded prior to such date (as adjusted from time to time pursuant to Section 2.11(a) and Section 2.11(d) or 2.18(b)): December 31, 2019 $625,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 Date Percentage September 30, 2022 $1,875,000 1.25 % December 31, 2022 $1,875,000 1.25 % March 31, 2023 $2,500,000 1.25 % June 30, 2023 $2,500,000 1.25 % September 30, 2023 $2,500,000 1.25 % December 31, 2023 $2,500,000 1.25 % March 31, 2024 $2,500,000 1.25 % June 30, 2024 $2,500,000 1.25 % September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day1.875 % December 31, then payment shall be due and payable on the Business Day immediately preceding such date. 2024 1.875 % March 31, 2025 1.875 % June 30, 2025 1.875 % September 30, 2025 1.875 % December 31, 2025 1.875 % March 31, 2026 1.875 % June 30, 2026 1.875 % To the extent not previously paidrepaid, all unpaid Delayed Draw Term Loans shall be paid in full in cash Dollars by the Borrower Borrowers on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (Benefitfocus, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): December November 30, 2013 $1,250,000 February 28, 2014 $1,250,000 May 31, 2019 2014 $625,000 March 1,250,000 August 31, 2020 2014 $1,250,000 June November 30, 2020 2014 $1,250,000 September February 28, 2015 $1,250,000 May 31, 2015 $1,250,000 August 31, 2015 $1,250,000 November 30, 2020 2015 $1,250,000 December 2,500,000 February 29, 2016 $2,500,000 May 31, 2020 2016 $1,250,000 March 2,500,000 August 31, 2021 2016 $1,875,000 June 2,500,000 November 30, 2021 2016 $1,875,000 September 3,750,000 February 28, 2017 $3,750,000 May 31, 2017 $3,750,000 August 31, 2017 $3,750,000 November 30, 2021 2017 $1,875,000 December 7,500,000 February 28, 2018 $7,500,000 May 31, 2021 2018 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 7,500,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence absent manifest error of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Angiodynamics Inc)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11(a) or 2.18(b)): March 31, 2017 $250,000 June 30, 2017 $250,000 September 30, 2017 $250,000 December 31, 2017 $250,000 March 31, 2018 $375,000 June 30, 2018 $375,000 September 30, 2018 $375,000 December 31, 2018 $375,000 March 31, 2019 $500,000 June 30, 2019 $500,000 September 30, 2019 $500,000 December 31, 2019 $625,000 500,000 March 31, 2020 $1,250,000 625,000 June 30, 2020 $1,250,000 625,000 September 30, 2020 $1,250,000 625,000 December 31, 2020 $1,250,000 625,000 March 31, 2021 $1,875,000 750,000 June 30, 2021 $1,875,000 750,000 September 30, 2021 $1,875,000 750,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 750,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class Term Loans to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), fax) of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (e) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fe) The entries made in the accounts maintained pursuant to paragraph (db) or (ed) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (gf) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (Mesa Laboratories Inc /Co)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): March 31, 2014 $3,125,000 June 30, 2014 $3,125,000 September 30, 2014 $3,125,000 December 31, 2019 2014 $625,000 3,125,000 March 31, 2020 2015 $1,250,000 6,250,000 June 30, 2020 2015 $1,250,000 6,250,000 September 30, 2020 2015 $1,250,000 6,250,000 December 31, 2020 2015 $1,250,000 6,250,000 March 31, 2021 2016 $1,875,000 6,250,000 June 30, 2021 2016 $1,875,000 6,250,000 September 30, 2021 2016 $1,875,000 6,250,000 December 31, 2021 2016 $1,875,000 6,250,000 March 31, 2022 2017 $1,875,000 9,375,000 June 30, 2022 2017 $1,875,000 9,375,000 September 30, 2022 2017 $1,875,000 9,375,000 December 31, 2022 2017 $1,875,000 9,375,000 March 31, 2023 2018 $2,500,000 9,375,000 June 30, 2023 2018 $2,500,000 9,375,000 September 30, 2023 2018 $2,500,000 9,375,000 December 31, 2023 2018 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 121,875,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such LenderXxxxxx, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Exhibit Agreement (PTC Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Facility Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Facility Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Initial Term Lender A Loans on each date set forth below in the aggregate principal amount set forth opposite such date (or if such date is not a Business Day on the immediately preceding Business Day) (as adjusted from time to time pursuant to Section 2.11(d2.11) or 2.18(b)and each such payment shall be made to the Administrative Agent for the account of each Initial Term A Lender (each such date, an “Initial Term A Loan Installment Date”): Payment Date Aggregate Principal Amount December 31, 2016 $18,281,250.00 March 31, 2017 $18,281,250.00 June 30, 2017 $18,281,250.00 September 30, 2017 $18,281,250.00 December 31, 2017 $27,421,875.00 March 31, 2018 $27,421,875.00 June 30, 2018 $27,421,875.00 September 30, 2018 $27,421,875.00 December 31, 2018 $36,562,500.00 March 31, 2019 $36,562,500.00 June 30, 2019 $36,562,500.00 September 30, 2019 $36,562,500.00 December 31, 2019 $625,000 36,562,500.00 March 31, 2020 $1,250,000 36,562,500.00 June 30, 2020 $1,250,000 36,562,500.00 September 30, 2020 $1,250,000 36,562,500.00 December 31, 2020 $1,250,000 36,562,500.00 March 31, 2021 $1,875,000 36,562,500.00 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 36,562,500.00 Initial Term Loan A Facility Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date.$877,500,000.00 (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid[Reserved]. (d) In the event that any Other Term Loans are made, the applicable Borrower shall repay such Other Term Loans on the dates and in the amounts set forth in the documentation relating thereto (each such date being referred to as an “Other Term Loan Installment Date”). (e) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ef) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fg) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (gh) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in a the form approved by the Administrative Agentattached hereto as Exhibit I‑1, I‑2, or I-3, as applicable. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the payee named therein and its registered assigns.

Appears in 1 contract

Samples: Credit Agreement (Hill-Rom Holdings, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least five Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below (subject to adjustment pursuant to Section 2.18(a)) in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b)): September 30, 2008 $ 625,000 December 31, 2019 $2008 $ 625,000 March 31, 2020 $2009 $ 625,000 June 30, 2009 $ 625,000 September 30, 2009 $ 1,250,000 December 31, 2009 $ 1,250,000 March 31, 2010 $ 1,250,000 June 30, 2020 $2010 $ 1,250,000 September 30, 2020 $2010 $ 1,250,000 December 31, 2020 $2010 $ 1,250,000 March 31, 2021 $1,875,000 2011 $ 1,250,000 June 30, 2021 $1,875,000 2011 $ 1,250,000 September 30, 2021 $1,875,000 2011 $ 1,250,000 December 31, 2021 $1,875,000 2011 $ 1,250,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 2012 $ 1,250,000 To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Myr Group Inc)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): December 31, 2019 2012 $625,000 1,875,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 2013 $1,875,000 June 30, 2021 2013 $1,875,000 September 30, 2021 2013 $1,875,000 December 31, 2021 2013 $1,875,000 3,750,000 March 31, 2022 2014 $1,875,000 3,750,000 June 30, 2022 2014 $1,875,000 3,750,000 September 30, 2022 2014 $1,875,000 3,750,000 December 31, 2022 2014 $1,875,000 3,750,000 March 31, 2023 2015 $2,500,000 3,750,000 June 30, 2023 2015 $2,500,000 3,750,000 September 30, 2023 2015 $2,500,000 3,750,000 December 31, 2023 2015 $2,500,000 5,625,000 March 31, 2024 2016 $2,500,000 5,625,000 June 30, 2024 2016 $2,500,000 5,625,000 September 30, 2024 2016 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day5,625,000 December 31, then payment shall be due and payable on the Business Day immediately preceding such date. 2016 $22,500,000 March 31, 2017 $22,500,000 June 30, 2017 $22,500,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Parametric Technology Corp)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11(e) or 2.18(b)): December 31, 2019 $625,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 $ 3,125,000 June 30, 2022 $1,875,000 $ 3,125,000 September 30, 2022 $1,875,000 $ 3,125,000 December 31, 2022 $1,875,000 $ 3,125,000 March 31, 2023 $2,500,000 $ 4,687,500 June 30, 2023 $2,500,000 $ 4,687,500 September 30, 2023 $2,500,000 $ 4,687,500 December 31, 2023 $2,500,000 $ 4,687,500 March 31, 2024 $2,500,000 $ 4,687,500 June 30, 2024 $2,500,000 $ 4,687,500 September 30, 2024 $1,875,000 $ 4,687,500 December 31, 2024 $ 4,687,500 March 31, 2025 $ 6,250,000 June 30, 2025 $ 6,250,000 September 30, 2025 $ 6,250,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date. (c) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender, on the last day of each fiscal quarter following the addition of new Term Loans pursuant to Section 2.09(e) (each, a “ New Term Loan”), an amount equal to the applicable percentage of the aggregate amount of such New Term Loan made pursuant to Section 2.09(e) if then outstanding, set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(e) or 2.18(b)): March 31, 2022 1.25 % June 30, 2022 1.25 % September 30, 2022 1.25 % December 31, 2022 1.25 % March 31, 2023 1.875 % June 30, 2023 1.875 % September 30, 2023 1.875 % December 31, 2023 1.875 % March 31, 2024 1.875 % June 30, 2024 1.875 % - 52 - September 30, 2024 1.875 % December 31, 2024 1.875 % March 31, 2025 2.50 % June 30, 2025 2.50 % September 30, 2025 2.50 % Term Maturity Date The entire unpaid principal amount of New Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, the remaining unpaid balance of the New Term Loans shall be paid in full in cash by the Borrower on the Term Maturity Date. (d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), fax) of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably (based upon the original principal amount of such Term Loan at the time such Term Loan was initially advanced) to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (de) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ef) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fg) The entries made in the accounts maintained pursuant to paragraph (de) or (ef) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (gh) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to Administrative Agent (and Administrative Agent shall promptly deliver to such Lender Lender) a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative AgentAgent and the Borrower. Thereafter, unless otherwise requested by the applicable Lender, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (CompoSecure, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date in the currency of such Revolving Credit Maturity Date, Loan and (ii) to the gsdocs\8126959.10 Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the fifteenth (15th) or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11) or 2.18(b)): December and in U.S. Dollars: gsdocs\8126959.10 Date Amount February 28, 2015 $1,875,000 May 31, 2015 $1,875,000 August 31, 2015 $1,875,000 November 30, 2015 $1,875,000 February 29, 2016 $1,875,000 May 31, 2016 $1,875,000 August 31, 2016 $1,875,000 November 30, 2016 $1,875,000 February 28, 2017 $3,750,000 May 31, 2017 $3,750,000 August 31, 2017 $3,750,000 November 30, 2017 $3,750,000 February 28, 2018 $3,750,000 May 31, 2018 $3,750,000 August 31, 2018 $3,750,000 November 30, 2018 $3,750,000 February 28, 2019 $5,625,000 May 31, 2019 $625,000 March 5,625,000 August 31, 2020 2019 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan 5,625,000 Maturity Date The entire remaining unpaid principal amount balance of all the Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan gsdocs\8126959.10 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations Obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Progress Software Corp /Ma)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower Borrowers hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made on the Maturity Date in the currency of such Revolving Credit Maturity Date, Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the fifteenth (15th) or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided provided, that on each date that a Revolving Loan Borrowing is made, the Borrower Borrowers shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan outstanding. The Borrowers shall be applied by the Administrative Agent to repay any Swingline Term Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11) or 2.18(b)): December 31, 2019 $625,000 and in U.S. Dollars: Date Amount March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $2013 $ 1,875,000 June 30, 2021 $2013 $ 1,875,000 September 30, 2021 $2013 $ 1,875,000 December 31, 2021 $2013 $ 1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2014 $ 2,500,000 June 30, 2023 $2014 $ 2,500,000 September 30, 2023 $2014 $ 2,500,000 December 31, 2023 $2014 $ 2,500,000 March 31, 2024 $2015 $ 2,500,000 June 30, 2024 $2015 $ 2,500,000 September 30, 2024 $1,875,000 Term Loan 2015 $ 2,500,000 December 31, 2015 $ 2,500,000 March 31, 2016 $ 3,125,000 June 30, 2016 $ 3,125,000 September 30, 2016 $ 3,125,000 December 31, 2016 $ 3,125,000 March 31, 2017 $ 3,125,000 June 30, 2017 $ 3,125,000 September 30, 2017 $ 3,125,000 Maturity Date The entire remaining unpaid principal amount balance of all the Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash by the Borrower Borrowers on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Borrower to such Lender resulting from each Loan made to such Borrower by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations Obligations recorded therein; provided provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the each Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Altra Holdings, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made to such Borrower on the Revolving Credit Maturity Date, and (ii) to Termination Date in the Swingline Lender the then unpaid principal amount currency of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower Loan. The Company shall repay all Swingline Term Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): Date Amount June 30, 2013 $1,500,000 September 30, 2013 $1,500,000 December 31, 2019 2013 $625,000 1,500,000 March 31, 2020 2014 $1,250,000 1,500,000 June 30, 2020 2014 $1,250,000 1,500,000 September 30, 2020 2014 $1,250,000 1,500,000 December 31, 2020 2014 $1,250,000 1,500,000 March 31, 2021 2015 $1,875,000 1,500,000 June 30, 2021 2015 $1,875,000 1,500,000 September 30, 2021 2015 $1,875,000 1,500,000 December 31, 2021 2015 $1,875,000 1,500,000 March 31, 2022 2016 $1,875,000 1,500,000 June 30, 2022 2016 $1,875,000 1,500,000 September 30, 2022 2016 $1,875,000 1,500,000 December 31, 2022 2016 $1,875,000 1,500,000 March 31, 2023 2017 $2,500,000 2,000,000 June 30, 2023 2017 $2,500,000 2,000,000 September 30, 2023 2017 $2,500,000 2,000,000 December 31, 2023 2017 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 2,000,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower Company on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie conclusive evidence (absent manifest error) of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it to any Borrower be evidenced by a promissory note. In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Heidrick & Struggles International Inc)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): December August 31, 2019 $625,000 March 2012 $ 1,875,000 November 30, 2012 $ 1,875,000 February 28, 2013 $ 1,875,000 May 31, 2020 $1,250,000 June 2013 $ 1,875,000 August 31, 2013 $ 1,875,000 November 30, 2020 $1,250,000 September 2013 $ 1,875,000 February 28, 2014 $ 1,875,000 May 31, 2014 $ 1,875,000 August 31, 2014 $ 5,625,000 November 30, 2020 $1,250,000 December 2014 $ 5,625,000 February 28, 2015 $ 5,625,000 May 31, 2020 $1,250,000 March 2015 $ 5,625,000 August 31, 2021 $1,875,000 June 2015 $ 9,375,000 November 30, 2021 $1,875,000 September 2015 $ 9,375,000 February 29, 2016 $ 9,375,000 May 31, 2016 $ 9,375,000 August 31, 2016 $ 10,000,000 November 30, 2021 $1,875,000 December 312016 $ 10,000,000 February 28, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 2017 $ 10,000,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence absent manifest error of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Angiodynamics Inc)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made to such Borrower on the Revolving Credit Maturity Date, Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least five Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower Borrowers shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan outstanding. The Borrowers shall be applied by the Administrative Agent to repay any Swingline Original Term Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11(a) or 2.18(band Section 2.11(c)): September 30, 2011 $1,875,000 December 31, 2019 2011 $625,000 1,875,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 2012 $1,875,000 June 30, 2021 2012 $1,875,000 September 30, 2021 2012 $1,875,000 3,750,000 December 31, 2021 2012 $1,875,000 3,750,000 March 31, 2022 2013 $1,875,000 3,750,000 June 30, 2022 2013 $1,875,000 3,750,000 September 30, 2022 2013 $1,875,000 3,750,000 December 31, 2022 2013 $1,875,000 3,750,000 March 31, 2023 2014 $2,500,000 3,750,000 June 30, 2023 2014 $2,500,000 3,750,000 September 30, 2023 2014 $2,500,000 5,625,000 December 31, 2023 2014 $2,500,000 5,625,000 March 31, 2024 2015 $2,500,000 5,625,000 June 30, 2024 2015 $2,500,000 5,625,000 September 30, 2024 2015 $1,875,000 Term Loan Maturity Date 7,500,000 December 31, 2015 $7,500,000 March 31, 2016 $7,500,000 June 30, 2016 $7,500,000 The entire unpaid principal amount of all Borrowers shall repay Additional Term Loans ; provided if any on each date set forth above is not a Business Daybelow in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(a) and Section 2.11(c)): March 31, then payment shall be due and payable on the Business Day immediately preceding such date. 2013 $5,750,000 June 30, 2013 $5,750,000 September 30, 2013 $5,750,000 December 31, 2013 $5,750,000 March 31, 2014 $5,750,000 June 30, 2014 $5,750,000 September 30, 2014 $5,750,000 December 31, 2014 $5,750,000 March 31, 2015 $8,625,000 June 30, 2015 $8,625,000 September 30, 2015 $8,625,000 December 31, 2015 $8,625,000 March 31, 2016 $11,500,000 June 30, 2016 $11,500,000 4 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower Borrowers on the Term Loan Maturity Date. (c) Prior 2.6 Article II, Section 2.21 is hereby amended and restated in its entirety to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaidread as “[Intentionally Omitted]”. (d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (e) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (f) The entries made in the accounts maintained pursuant to paragraph (d) or (e) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (g) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (Wellcare Health Plans, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay in dollars (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay in dollars to the Administrative Agent for the account of each Term Lender on each date set forth below the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b)): June 30, 2024 $937,500 September 30, 2024 $937,500 December 31, 2019 2024 $625,000 937,500 March 31, 2020 2025 $1,250,000 937,500 June 30, 2020 2025 $1,250,000 937,500 September 30, 2020 2025 $1,250,000 937,500 December 31, 2020 2025 $1,250,000 937,500 March 31, 2021 2026 $1,875,000 937,500 June 30, 2021 2026 $1,406,250 September 30, 2026 $1,406,250 December 31, 2026 $1,406,250 March 31, 2027 $1,406,250 June 30, 2027 $1,406,250 September 30, 2027 $1,406,250 December 31, 2027 $1,406,250 March 31, 2028 $1,406,250 June 30, 2028 $1,875,000 September 30, 2021 2028 $1,875,000 December 31, 2021 2028 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 2029 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided that, if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash in dollars by the Borrower on the Term Loan Maturity Date. (c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Xxxxxx, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class Term Loans to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through any Electronic System), System of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (e) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (f) The entries made in the accounts maintained pursuant to paragraph (dc) or (e) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (g) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (Mesa Laboratories Inc /Co/)

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Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower Domestic Borrowers, jointly and severally, and each Foreign Borrower, solely with respect to Revolving Loans made to such Foreign Borrower, hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Facility Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Facility Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower Domestic Borrowers shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Closing Date Domestic Borrowers shall repay Initial Term Lender A Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11) or 2.18(b)and each such payment shall be made to the Administrative Agent for the account of each Term Lender (each such date, an “Initial Term A Loan Installment Date”): December 31, 2019 $625,000 12,500,000.00 March 31, 2020 $1,250,000 12,500,000.00 June 30, 2020 $1,250,000 12,500,000.00 September 30, 2020 $1,250,000 12,500,000.00 December 31, 2020 $1,250,000 12,500,000.00 March 31, 2021 $1,875,000 12,500,000.00 June 30, 2021 $1,875,000 12,500,000.00 September 30, 2021 $1,875,000 12,500,000.00 December 31, 2021 $1,875,000 12,500,000.00 March 31, 2022 $1,875,000 12,500,000.00 June 30, 2022 $1,875,000 12,500,000.00 September 30, 2022 $1,875,000 12,500,000.00 December 31, 2022 $1,875,000 18,750,000.00 March 31, 2023 $2,500,000 18,750,000.00 June 30, 2023 $2,500,000 18,750,000.00 September 30, 2023 $2,500,000 18,750,000.00 December 31, 2023 $2,500,000 25,000,000.00 March 31, 2024 $2,500,000 25,000,000.00 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 25,000,000.00 Initial Term Loan A Facility Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date.$700,000,000.00 (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid[Reserved]. (d) In the event that any Other Term Loans are made, the applicable Borrower shall repay such Other Term Loans on the dates and in the amounts set forth in the documentation relating thereto (each such date being referred to as an “Other Term Loan Installment Date”). (e) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ef) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fg) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (gh) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Lead Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and substantially in a the form approved by the Administrative Agentattached hereto as Exhibit I-1 or I-2, as applicable. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the payee named therein and its registered assigns.

Appears in 1 contract

Samples: Credit Agreement (Hill-Rom Holdings, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth tenth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b)): December 31November 27, 2016 $1,250,000 February 26, 2017 $1,250,000 May 28, 2017 $1,250,000 August 27, 2017 $1,250,000 November 26, 2017 $1,250,000 February 25, 2018 $1,250,000 May 27, 2018 $1,250,000 August 26, 2018 $1,250,000 November 25, 2018 $1,250,000 February 24, 2019 $625,000 1,250,000 May 26, 2019 $1,250,000 August 25, 2019 $1,250,000 November 24, 2019 $1,250,000 March 1, 2020 $1,250,000 May 31, 2020 $1,250,000 June August 30, 2020 $1,250,000 September 30November 29, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31February 28, 2021 $1,875,000 June 1,250,000 May 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 1,250,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), fax) of such selection not later than 11:00 a.m.1:00 p.m., New York City Chicago time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (e) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (f) The entries made in the accounts maintained pursuant to paragraph (d) or (e) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (g) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (Landec Corp \Ca\)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date in the currency of such Revolving Credit Maturity Date, Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the fifteenth (15th) or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11) or 2.18(b)): December and in U.S. Dollars: 4849-4470-4337.7 Date Amount February 28, 2018 $1,546,875 May 31, 2018 $1,546,875 August 31, 2018 $1,546,875 November 30, 2018 $1,546,875 February 28, 2019 $1,546,875 May 31, 2019 $625,000 March 1,546,875 August 31, 2019 $1,546,875 November 30, 2019 $1,546,875 February 28, 2020 $2,320,312.50 May 31, 2020 $1,250,000 June 2,320,312.50 August 31, 2020 $2,320,312.50 November 30, 2020 $1,250,000 September 302,320,312.50 February 28, 2020 2021 $1,250,000 December 31, 2020 $1,250,000 March 3,093,750 May 31, 2021 $1,875,000 June 3,093,750 August 31, 2021 $3,093,750 November 30, 2021 $1,875,000 September 303,093,750 February 28, 2021 2022 $1,875,000 December 31, 2021 $1,875,000 March 3,867,187.50 May 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 3,867,187.50 August 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan 3,867,187.50 Maturity Date The entire remaining unpaid principal amount balance of all the Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.. 4849-4470-4337.7 (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations Obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (Progress Software Corp /Ma)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(a) and Section 2.11(d) or 2.18(b)): September 30, 2015 $687,500 December 31, 2015 $687,500 March 31, 2016 $687,500 June 30, 2016 $687,500 September 30, 2016 $1,031,250 December 31, 2016 $1,031,250 March 31, 2017 $1,031,250 June 30, 2017 $1,031,250 September 30, 2017 $1,031,250 December 31, 2017 $1,031,250 March 31 ,2018 $1,031,250 June 30, 2018 $1,031,250 September 30, 2018 $1,375,000 December 31, 2018 $1,375,000 March 31, 2019 $1,375,000 June 30, 2019 $1,375,000 September 30, 2019 $1,375,000 December 31, 2019 $625,000 1,375,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 1,375,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Rogers Corp)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth (5th) Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): December February 28, 2017 $1,250,000 May 31, 2017 $1,250,000 August 31, 2017 $1,250,000 November 30, 2017 $1,250,000 February 28, 2018 $1,250,000 May 31, 2018 $1,250,000 November 30, 2018 $1,250,000 February 28, 2019 $1,250,000 May 31, 2019 $625,000 March 1,250,000 August 31, 2019 $1,250,000 November 30, 2019 $1,250,000 February 29, 2020 $2,500,000 May 31, 2020 $1,250,000 June 2,500,000 August 31, 2020 $2,500,000 November 30, 2020 $1,250,000 September 302,500,000 February 28, 2020 2021 $1,250,000 December 31, 2020 $1,250,000 March 3,125,000 May 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 3,125,000 August 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 3,125,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence absent manifest error of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (Angiodynamics Inc)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each 2016 Revolving Global Lender the then unpaid principal amount of each 2016 Revolving Global Loan made to such Borrower on the 2016 Maturity Date in the currency of such Loan, (ii) to the Administrative Agent for the account of each 2018 Revolving Credit Global Lender the then unpaid principal amount of each 2018 Revolving Global Loan made to such Borrower on the 2018 Maturity DateDate in the currency of such Loan, (iii) to the Administrative Agent for the account of each 2018 Revolving US Lender the then unpaid principal amount of each 2018 Revolving US Loan made to such Borrower on the 2018 Maturity Date in Dollars, and (iiiv) in the case of the Company, to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit 2018 Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower Company shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan outstanding. The Parent shall be applied by the Administrative Agent to repay any Swingline Term Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): June 30, 2013 $ 1,250,000 September 30, 2013 $ 1,250,000 December 31, 2019 $625,000 2013 $ 1,250,000 March 31, 2020 $2014 $ 1,250,000 June 30, 2020 $1,250,000 2014 $ 2,500,000 September 30, 2020 $1,250,000 2014 $ 2,500,000 December 31, 2020 $1,250,000 2014 $ 2,500,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2015 $ 2,500,000 June 30, 2023 $2015 $ 2,500,000 September 30, 2023 $2015 $ 2,500,000 December 31, 2023 $2015 $ 2,500,000 March 31, 2024 $2016 $ 2,500,000 June 30, 2024 $2,500,000 2016 $ 3,750,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day2016 $ 3,750,000 December 31, then payment shall be due and payable on the Business Day immediately preceding such date. 2016 $ 3,750,000 March 31, 2017 $ 3,750,000 June 30, 2017 $ 15,000,000 September 30, 2017 $ 15,000,000 December 31, 2017 $ 15,000,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower Parent on the Term Loan 2018 Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Facility under which it was made, the Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it to any Borrower be evidenced by a promissory note. In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Vistaprint N.V.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made to the Borrower by such Lender on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the . The Borrower shall repay all Swingline Term Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b)the terms of this Agreement): Date Amount June 30, 2019 $ 1,250,000 September 30, 2019 $ 1,250,000 December 31, 2019 $625,000 $ 1,250,000 March 31, 2020 $$ 1,250,000 Date Amount June 30, 2020 $$ 1,250,000 September 30, 2020 $$ 1,250,000 December 31, 2020 $$ 1,250,000 March 31, 2021 $1,875,000 $ 1,250,000 June 30, 2021 $1,875,000 $ 1,250,000 September 30, 2021 $1,875,000 $ 1,250,000 December 31, 2021 $1,875,000 $ 1,250,000 March 31, 2022 $1,875,000 $ 1,250,000 June 30, 2022 $1,875,000 $ 2,500,000 September 30, 2022 $1,875,000 $ 2,500,000 December 31, 2022 $1,875,000 $ 2,500,000 March 31, 2023 $$ 2,500,000 June 30, 2023 $$ 2,500,000 September 30, 2023 $$ 2,500,000 December 31, 2023 $$ 2,500,000 March 31, 2024 $$ 2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash U.S. Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (eb) The Administrative records maintained by the Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (f) The entries made in the accounts maintained pursuant to paragraph (d) or (e) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower in respect of the Loans, interest and fees due or accrued hereunder; provided that the failure of the Agent or any Lender or the Administrative Agent to maintain such accounts records or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (gc) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative AgentAgent and the Borrower. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Madison Square Garden Co)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Term Loan A/Revolver Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Facility Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Facility Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender A Loans on each date set forth below in the aggregate principal amount set forth opposite such date (or if such date is not a Business Day on the immediately preceding Business Day) (as adjusted from time to time pursuant to Section 2.11(d2.11) or 2.18(b)and each such payment shall be made to the Term Loan A/Revolver Administrative Agent for the account of each Initial Term A Lender (each such date, an “Initial Term A Loan Installment Date”): December 31, 2015 $ 12,500,000 March 31, 2016 $ 12,500,000 June 30, 2016 $ 12,500,000 September 30, 2016 $ 12,500,000 December 31, 2016 $ 18,750,000 March 31, 2017 $ 18,750,000 June 30, 2017 $ 18,750,000 September 30, 2017 $ 18,750,000 December 31, 2017 $ 25,000,000 March 31, 2018 $ 25,000,000 June 30, 2018 $ 25,000,000 September 30, 2018 $ 25,000,000 December 31, 2018 $ 25,000,000 March 31, 2019 $625,000 $ 25,000,000 June 30, 2019 $ 25,000,000 September 30, 2019 $ 25,000,000 December 31, 2019 $ 25,000,000 March 31, 2020 $1,250,000 $ 25,000,000 June 30, 2020 $1,250,000 $ 25,000,000 Initial Term A Facility Maturity Date $ 600,000,000 (c) The Borrower shall repay Term B Loans on each date set forth below in the aggregate principal amount set forth opposite such date (or if such date is not a Business Day on the immediately preceding Business Day) (as adjusted from time to time pursuant to Section 2.11) and each such payment shall be made to the Term Loan B Administrative Agent for the account of each Initial Term B Lender (each such date an “Initial Term B Loan Installment Date”): December 31, 2015 $ 2,000,000 March 31, 2016 $ 2,000,000 June 30, 2016 $ 2,000,000 September 30, 2016 $ 2,000,000 December 31, 2016 $ 2,000,000 March 31, 2017 $ 2,000,000 June 30, 2017 $ 2,000,000 September 30, 2017 $ 2,000,000 December 31, 2017 $ 2,000,000 March 31, 2018 $ 2,000,000 June 30, 2018 $ 2,000,000 September 30, 2018 $ 2,000,000 December 31, 2018 $ 2,000,000 March 31, 2019 $ 2,000,000 June 30, 2019 $ 2,000,000 September 30, 2019 $ 2,000,000 December 31, 2019 $ 2,000,000 March 31, 2020 $ 2,000,000 June 30, 2020 $ 2,000,000 September 30, 2020 $1,250,000 $ 2,000,000 December 31, 2020 $1,250,000 $ 2,000,000 March 31, 2021 $1,875,000 $ 2,000,000 June 30, 2021 $1,875,000 $ 2,000,000 September 30, 2021 $1,875,000 $ 2,000,000 December 31, 2021 $1,875,000 $ 2,000,000 March 31, 2022 $1,875,000 $ 2,000,000 June 30, 2022 $1,875,000 September 30$ 2,000,000 Initial Term B Facility Maturity Date $ 746,000,000 (d) In the event that any Other Term Loans are made, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 the applicable Borrower shall repay such Other Term Loans on the dates and in the amounts set forth in the documentation relating thereto (each such date being referred to as an “Other Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Installment Date”). (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (de) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ef) The Each Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the such Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fg) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the applicable Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (gh) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in a the form approved by the Administrative Agentattached hereto as Exhibit I-1, I-2, or I-3, as applicable. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the payee named therein and its registered assigns.

Appears in 1 contract

Samples: Credit Agreement (Hill-Rom Holdings, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Redline Waldencast - Credit Agreement (as amended by the Second Amendment) 2324969v9 and WALD - Credit Agreement (conformed through Third Amendment) 2412084v2 04/26/2024 1:14:08 PM Revolving Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date. The Borrower shall repay Term Lender Loans on each date set forth below in an amount equal to (x) the original aggregate principal amount of Term Loans funded on the Funding Date multiplied by (y) the percentage set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11(a) or 2.18(band Section 2.11(e)): December 31, 2019 $625,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 1.25% December 31, 2022 $1,875,000 1.25% March 31, 2023 $2,500,000 1.25% June 30, 2023 $2,500,000 1.25% September 30, 2023 $2,500,000 1.25% December 31, 2023 $2,500,000 1.25% March 31, 2024 $2,500,000 1.25% June 30, 2024 $2,500,000 1.25% September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount 1.25% December 31, 2024 1.25% March 31, 2025 1.25% June 30, 2025 2.5% September 30, 2025 2.5% December 31, 2025 2.5% March 31, 2026 and the last day of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. each calendar quarter ending thereafter 2.5% To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such LenderXxxxxx, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each LenderXxxxxx’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that that, the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the Obligations (including the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.). Redline Waldencast - Credit Agreement (as amended by the Second Amendment) 2324969v9 and WALD - Credit Agreement (conformed through Third Amendment) 2412084v2 04/26/2024 1:14:08 PM (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a the form attached hereto as Exhibit D-1 or Exhibit D-2, as applicable, or otherwise as approved by the Administrative AgentAgent (such notes, collectively, the “Notes”). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (Waldencast PLC)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11(e) or 2.18(b)): December 31, 2019 $625,000 2024 $ 2,500,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2025 $ 2,500,000 June 30, 2023 $2025 $ 2,500,000 September 30, 2023 $2025 $ 2,500,000 December 31, 2023 $2,500,000 2025 $ 3,750,000 March 31, 2024 $2,500,000 2026 $ 3,750,000 June 30, 2024 $2,500,000 2026 $ 3,750,000 September 30, 2024 $1,875,000 2026 $ 3,750,000 December 31, 2026 $ 3,750,000 March 31, 2027 $ 3,750,000 June 30, 2027 $ 3,750,000 September 30, 2027 $ 3,750,000 December 31, 2027 $ 5,000,000 March 31, 2028 $ 5,000,000 June 30, 2028 $ 5,000,000 September 30, 2028 $ 5,000,000 December 31, 2028 $ 5,000,000 March 31, 2029 $ 5,000,000 June 30, 2029 $ 5,000,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date. (c) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender, on the last day of each fiscal quarter following the addition of new Term Loans pursuant to Section 2.09(e) (each, a “New Term Loan”), an amount equal to the applicable percentage of the aggregate amount of such New Term Loan made pursuant to Section 2.09(e) if then outstanding, set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(e) or 2.18(b)): December 31, 2024 1.25 % March 31, 2025 1.25 % June 30, 2025 1.25 % September 30, 2025 1.25 % December 31, 2025 1.875 % March 31, 2026 1.875 % June 30, 2026 1.875 % September 30, 2026 1.875 % December 31, 2026 1.875 % March 31, 2027 1.875 % June 30, 2027 1.875 % September 30, 2027 1.875 % December 31, 2027 2.50 % March 31, 2028 2.50 % June 30, 2028 2.50 % September 30, 2028 2.50 % December 31, 2028 2.50 % March 31, 2029 2.50 % June 30, 2029 2.50 % Term Maturity Date The entire unpaid principal amount of New Term Loans (d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), fax) of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably (based upon the original principal amount of such Term Loan at the time such Term Loan was initially advanced) to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (de) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such LenderLxxxxx, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ef) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fg) The entries made in the accounts maintained pursuant to paragraph (de) or (ef) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (gh) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to Administrative Agent (and Administrative Agent shall promptly deliver to such Lender Lender) a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative AgentAgent and the Borrower. Thereafter, unless otherwise requested by the applicable Lender, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (CompoSecure, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made to such Borrower on the Revolving Credit Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made to such Borrower on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower Borrowers shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan outstanding. The Company shall be applied by the Administrative Agent to repay any Swingline Term Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(a) and Section 2.11(d) or 2.18(b)): Date Amount March 31, 2014 $625,000 June 30, 2014 $625,000 September 30, 2014 $625,000 December 31, 2019 2014 $625,000 March 31, 2020 2015 $625,000 June 30, 2015 $625,000 September 30, 2015 $625,000 December 31, 2015 $625,000 March 31, 2016 $1,250,000 June 30, 2020 2016 $1,250,000 September 30, 2020 2016 $1,250,000 December 31, 2020 2016 $1,250,000 March 31, 2021 2017 $1,875,000 1,250,000 June 30, 2021 2017 $1,875,000 1,250,000 September 30, 2021 2017 $1,875,000 1,250,000 December 31, 2021 2017 $1,875,000 1,250,000 March 31, 2022 2018 $1,875,000 8,750,000 June 30, 2022 2018 $1,875,000 8,750,000 September 30, 2022 2018 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 8,750,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower Company on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it to any Borrower be evidenced by a promissory note. In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Dice Holdings, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower Borrowers hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower Borrowers shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower Borrowers hereby unconditionally promises promise to pay to the Administrative Agent for the account of each Term A Lender on each date the dates set forth below the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.10(e) or 2.18(b2.17(b)): Date Amount June 30, 2015 $ 875,000 September 30, 2015 $ 875,000 December 31, 2015 $ 875,000 March 31, 2016 $ 875,000 June 30, 2016 $ 1,312,500 September 30, 2016 $ 1,312,500 December 31, 2016 $ 1,312,500 March 31, 2017 $ 1,312,500 June 30, 2017 $ 1,750,000 September 30, 2017 $ 1,750,000 December 31, 2017 $ 1,750,000 March 31, 2018 $ 1,750,000 June 30, 2018 $ 1,750,000 September 30, 2018 $ 1,750,000 December 31, 2018 $ 1,750,000 March 31, 2019 $ 1,750,000 June 30, 2019 $ 1,750,000 September 30, 2019 $ 1,750,000 December 31, 2019 $625,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 $ 1,750,000 Term Loan A Maturity Date The entire unpaid principal amount of all Term A Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term A Loans and all other Obligations shall be paid in full in cash by the Borrower Borrowers on the Term Loan A Maturity Date; provided that, in the event any Extended Term Loans are made, such Extended Term Loans shall be repaid by the Borrowers in the amounts and on the dates set forth in the definitive documentation with respect thereto and on the applicable maturity date thereof. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower Borrowers shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), fax) of such selection not later than 11:00 a.m., New York City Dallas, Texas time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (e) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (f) The entries made in the accounts maintained pursuant to paragraph (d) or (e) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (g) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.0410.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (CSW Industrials, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b)2.11(a): September 30, 2011 $1,250,000 December 31, 2019 2011 $625,000 1,250,000 March 3130, 2020 2012 $1,250,000 June 30, 2020 2012 $1,250,000 September 30, 2020 2012 $1,250,000 2,500,000 December 31, 2020 2012 $1,250,000 2,500,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 2013 $2,500,000 June 30, 2023 2013 $2,500,000 September 30, 2023 2013 $2,500,000 3,750,000 December 31, 2023 2013 $2,500,000 3,750,000 March 31 ,2014 $3,750,000 June 30, 2014 $3,750,000 September 30, 2014 $5,000,000 December 31, 2014 $5,000,000 March 31, 2024 2015 $2,500,000 5,000,000 June 30, 2024 2015 $2,500,000 5,000,000 September 30, 2024 2015 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day12,500,000 December 31, then payment shall be due and payable on the Business Day immediately preceding such date. 2015 $12,500,000 March 31, 2016 $12,500,000 June 30, 2016 $12,500,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Rogers Corp)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth Business Day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each the earlier of the date set forth below (or, if such date is not a Business Day, the immediately preceding Business Day) the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.9(d) or 2.18(b2.16(b)): December August 31, 2019 $625,000 March 2014 $ 3,750,000 November 30, 2014 $ 3,750,000 February 28, 2015 $ 3,750,000 May 31, 2020 $1,250,000 June 2015 $ 3,750,000 August 31, 2015 $ 4,687,500 November 30, 2020 $1,250,000 September 2015 $ 4,687,500 February 29, 2016 $ 4,687,500 May 31, 2016 $ 4,687,500 August 31, 2016 $ 4,687,500 November 30, 2020 $1,250,000 December 2016 $ 4,687,500 February 28, 2017 $ 4,687,500 May 31, 2020 $1,250,000 March 2017 $ 4,687,500 August 31, 2021 $1,875,000 June 2017 $ 5,625,000 November 30, 2021 $1,875,000 September 302017 $ 5,625,000 February 28, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 2018 $ 5,625,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), e-mail) of such selection not later than 11:00 a.m., New York City time, three one (31) Business Days Day before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (e) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (f) The entries made in the accounts maintained pursuant to paragraph paragraphs (d) or and (e) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (g) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and substantially in a the form approved by the Administrative Agentof Exhibit G hereto. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Photomedex Inc)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made to such Borrower on the Revolving Credit Maturity Date, Date in the currency of such Loan and (ii) in the case of the Company, to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower Company shall repay all Swingline Loans then outstanding and outstanding. The Company shall repay the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Term Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): June 30, 2012 $625,000 September 30, 2012 $625,000 December 31, 2019 2012 $625,000 March 31, 2020 2013 $1,250,000 625,000 June 30, 2020 2013 $1,250,000 625,000 September 30, 2020 2013 $1,250,000 625,000 December 31, 2020 2013 $1,250,000 625,000 March 31, 2021 2014 $1,875,000 625,000 June 30, 2021 2014 $1,875,000 625,000 September 30, 2021 2014 $1,875,000 625,000 December 31, 2021 2014 $1,875,000 625,000 March 31, 2022 2015 $1,875,000 625,000 June 30, 2022 2015 $1,875,000 625,000 September 30, 2022 2015 $1,875,000 625,000 December 31, 2022 2015 $1,875,000 625,000 March 31, 2023 2016 $2,500,000 625,000 June 30, 2023 2016 $2,500,000 625,000 September 30, 2023 2016 $2,500,000 625,000 December 31, 2023 2016 $2,500,000 625,000 March 312, 2024 2017 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 625,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower Company on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it to any Borrower be evidenced by a promissory note. In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Photronics Inc)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date, Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (x) the Revolving Credit Maturity Date and (y) the fifth date that is at least two (2) Business Day Days after such Swingline Loan is made but no later than ten (10) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to shall repay Term Loans on the Administrative Agent for last date of the account fiscal quarter of each Term Lender the Borrower ending on or about each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d) or 2.18(b2.11(a)): December ). July 31, 2015 $2,500,000 October 31, 2015 $2,500,000 January 31, 2016 $2,500,000 April 30, 2016 $2,500,000 July 31, 2016 $2,500,000 October 31, 2016 $2,500,000 January 31, 2017 $2,500,000 April 30, 2017 $2,500,000 July 31, 2017 $3,750,000 October 31, 2017 $3,750,000 January 31, 2018 $3,750,000 April 30, 2018 $3,750,000 July 31, 2018 $3,750,000 October 31, 2018 $3,750,000 January 31, 2019 $625,000 March 3,750,000 April 30, 2019 $3,750,000 July 31, 2019 $3,750,000 October 31, 2019 $3,750,000 January 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 $1,875,000 June 30, 2021 $1,875,000 September 30, 2021 $1,875,000 December 31, 2021 $1,875,000 March 31, 2022 $1,875,000 June 30, 2022 $1,875,000 September 30, 2022 $1,875,000 December 31, 2022 $1,875,000 March 31, 2023 $2,500,000 June 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 31, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. 3,750,000 CH\2058888.7 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver (occurring outside of the State of Florida, if so requested by the Borrower) to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Chicos Fas Inc)

Repayment and Amortization of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made to such Borrower on the Revolving Credit Maturity Date, Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least five Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower Borrowers shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan outstanding. The Borrowers shall be applied by the Administrative Agent to repay any Swingline Term Loans outstanding. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11(a) or 2.18(band Section 2.11(c)): September 30, 2011 $1,875,000 December 31, 2019 2011 $625,000 1,875,000 March 31, 2020 $1,250,000 June 30, 2020 $1,250,000 September 30, 2020 $1,250,000 December 31, 2020 $1,250,000 March 31, 2021 2012 $1,875,000 June 30, 2021 2012 $1,875,000 September 30, 2021 2012 $1,875,000 3,750,000 December 31, 2021 2012 $1,875,000 3,750,000 March 31, 2022 2013 $1,875,000 3,750,000 June 30, 2022 2013 $1,875,000 3,750,000 September 30, 2022 2013 $1,875,000 3,750,000 December 31, 2022 2013 $1,875,000 3,750,000 March 31, 2023 2014 $2,500,000 3,750,000 June 30, 2023 2014 $2,500,000 3,750,000 September 30, 2023 2014 $2,500,000 5,625,000 December 31, 2023 2014 $2,500,000 5,625,000 March 31, 2024 2015 $2,500,000 5,625,000 June 30, 2024 2015 $2,500,000 5,625,000 September 30, 2024 2015 $1,875,000 Term Loan Maturity Date The entire unpaid principal amount of all Term Loans ; provided if any date set forth above is not a Business Day7,500,000 December 31, then payment shall be due and payable on the Business Day immediately preceding such date. 2015 $7,500,000 March 31, 2016 $7,500,000 To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash Dollars by the Borrower Borrowers on the Maturity Date. For the avoidance of doubt, any Incremental Term Loan Maturity Dateis not a Term Loan for the purposes of this Section 2.10. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it to any Borrower be evidenced by a promissory note. In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such formform payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Wellcare Health Plans, Inc.)

Repayment and Amortization of Loans; Evidence of Debt. 4832-2498-4973 (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date in the currency of such Revolving Credit Maturity Date, Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the fifth first date after such Swingline Loan is made that is the fifteenth (15th) or last day of a calendar month and is at least two (2) Business Day Days after such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) . The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each shall repay Term Lender Loans on each date set forth below in the aggregate principal amount set forth opposite such date (as adjusted from time to time pursuant to Section 2.11(d2.11) or 2.18(b)): December and in U.S. Dollars: 4832-2498-4973 Date Amount August 31, 2019 $625,000 March 1,881,250 November 30, 2019 $1,881,250 February 28, 2020 $1,881,250 May 31, 2020 $1,250,000 June 1,881,250 August 31, 2020 $3,762,500 November 30, 2020 $1,250,000 September 303,762,500 February 28, 2020 2021 $1,250,000 December 31, 2020 $1,250,000 March 3,762,500 May 31, 2021 $1,875,000 June 3,762,500 August 31, 2021 $5,643,750 November 30, 2021 $1,875,000 September 305,643,750 February 28, 2021 2022 $1,875,000 December 31, 2021 $1,875,000 March 5,643,750 May 31, 2022 $1,875,000 June 5,643,750 August 31, 2022 $7,525,000 November 30, 2022 $1,875,000 September 307,525,000 February 28, 2022 2023 $1,875,000 December 31, 2022 $1,875,000 March 7,525,000 May 31, 2023 $2,500,000 June 7,525,000 August 31, 2023 $9,406,250 November 30, 2023 $2,500,000 September 30, 2023 $2,500,000 December 31, 2023 $2,500,000 March 319,406,250 February 28, 2024 $2,500,000 June 30, 2024 $2,500,000 September 30, 2024 $1,875,000 Term Loan 9,406,250 Maturity Date The entire remaining unpaid principal amount balance of all the Term Loans ; provided if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day immediately preceding such date. To the extent not previously paidrepaid, all unpaid Term Loans shall be paid in full in cash by the Borrower on the Term Loan Maturity Date. (c) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Administrative Agent by telephone (confirmed by fax or through Electronic System), of such selection not later than 11:00 a.m., New York City time, three (3) Business Days before the scheduled date of such repayment. Each repayment of a Term Loan Borrowing shall be applied ratably to the Loans included in the repaid Term Loan Borrowing. Repayments of Term Loan Borrowings shall be accompanied by accrued interest on the amounts repaid. (db) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ec) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the 4832-2498-4973 Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (fd) The entries made in the accounts maintained pursuant to paragraph (db) or (ec) of this Section shall be prima facie evidence of the existence and amounts of the obligations Obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ge) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form.

Appears in 1 contract

Samples: Credit Agreement (Progress Software Corp /Ma)

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