Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers hereby unconditionally promise to pay the Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date. (b) The Borrowers hereby unconditionally promise to repay the Term A Loan to the Lender in consecutive monthly installments of $111,111.11 on the first Business Day of each month, commencing on August 1, 2018, and continuing on the first Business Day of each month thereafter, with a final payment of all unpaid amounts owing on the Term A Loan to be paid in full in cash by the Borrowers on the Term A Maturity Date; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on the Term A Loan shall be immediately due and payable in full. (c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full. (d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard 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. (e) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrowers to the Lender resulting from each Loan made by the Lender, including the amounts of principal and interest payable and paid to the Lender from time to time hereunder. (f) The Lender 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 Borrowers to the Lender hereunder and (iii) the amount of any sum received by the Lender hereunder. (g) 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 the Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers to repay the Loans in accordance with the terms of this Agreement. (h) The Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers shall prepare, execute and deliver to the Lender a promissory note payable to the Lender (or, if requested by the Lender, to the Lender and its registered assigns) and in a form approved by the Lender. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.04) be represented by one or more promissory notes in such form.
Appears in 4 contracts
Samples: Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (CRAWFORD UNITED Corp)
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers Borrower hereby unconditionally promise 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 Borrowers Commencing on December 31, 2019, the Borrower hereby unconditionally promise promises to repay pay to the Administrative Agent on the last day of each calendar quarter for the account of each Term A Lender in equal quarterly installments in a per installment amount equal to the product of 2.50% times the original principal amount of the Term A Loan Loans (as adjusted from time to the Lender in consecutive monthly installments of $111,111.11 time pursuant to Section 2.11(d) or 2.18(b)); provided if any such payment date is not a Business Day, then payment shall be due and payable on the first Business Day of each monthimmediately preceding such payment date. To the extent not previously paid, commencing on August 1, 2018, and continuing on the first Business Day of each month thereafter, with a final payment of all unpaid amounts owing on the Term A Loan to Loans shall be paid in full in cash by the Borrowers Borrower on the Term A Maturity Date; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on the Term A Loan shall be immediately due and payable in full.
(c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class Class, if applicable, under this Section, the Borrowers Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender Administrative Agent by telephone (confirmed by fax) of such selection not later than 11:00 a.m.noon, Eastern Standard TimeNew York 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.
(ed) The Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrowers Borrower to the such Lender resulting from each Loan made by the such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder.
(fe) The Lender 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 Borrowers Borrower to the each Lender hereunder and (iii) the amount of any sum received by the Lender hereunderAdministrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(gf) 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 Lender Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers Borrower to repay the Loans in accordance with the terms of this Agreement.
(hg) The Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers Borrower shall prepare, execute and deliver to the such Lender a promissory note payable to the such Lender (or, if requested by the such Lender, to the such Lender and its registered assigns) and in a form approved by the LenderAdministrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.049.04) be represented by one or more promissory notes in such form.
Appears in 2 contracts
Samples: Credit Agreement (F45 Training Holdings Inc.), Credit Agreement (F45 Training Holdings Inc.)
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers Borrower hereby unconditionally promise 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 DateDate 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 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 Borrowers Borrower hereby unconditionally promise promises to repay the Term A Loan pay to the Lender in consecutive monthly installments Administrative Agent, for the account of $111,111.11 each Term Lender, on the first last day of each calendar quarter ending on or after December 31, 2017, an aggregate principal amount equal to $5,000,000 on each such date; provided that, if any date set forth above is not a Business Day, then payment shall be due and payable on the Business Day of each monthimmediately preceding such date. To the extent not previously paid, commencing on August 1, 2018, and continuing on the first Business Day of each month thereafter, with a final payment of all unpaid amounts owing on the Term A Loan to Loans shall be paid in full in dollars in cash by the Borrowers Borrower on the Term A Loan Maturity Date; provided. 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, however, that if including the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on the Term A Loan shall be immediately due of principal and interest payable in fulland paid to such Lender from time to time hereunder.
(c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers Borrower shall select the Borrowing or Borrowings of the applicable Class Term Loans to be repaid and shall notify the Lender Administrative Agent by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard TimeNew 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.
(ed) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrowers to the Lender resulting from each Loan made by the Lender, including the amounts of principal and interest payable and paid to the Lender from time to time hereunder.
(f) The Lender 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 Borrowers Borrower to the each Lender hereunder and (iii) the amount of any sum received by the Lender hereunderAdministrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(ge) 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 Lender Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers to repay the Loans in accordance with the terms of this AgreementObligations.
(hf) The Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers Borrower shall prepare, execute and deliver to the such Lender a promissory note payable to the such Lender (or, if requested by the such Lender, to the such Lender and its registered assigns) and in a form approved by the LenderAdministrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.049.04) be represented by one or more promissory notes in such form.
Appears in 2 contracts
Samples: Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers Borrower hereby unconditionally promise promises to pay the Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date.
(b) The Borrowers Borrower hereby unconditionally promise promises to repay the Term A Loan pay to the Lender the principal amount of the Term Loan in consecutive monthly equal quarter installments of $111,111.11 1,250,000 each, commencing October 1, 2019 and on each Principal Payment Date thereafter through the Term Loan Maturity Date; provided if any such Principal Payment Date is not a Business Day, then payment shall be due and payable on the first Business Day of each monthimmediately preceding such Principal Payment Date. To the extent not previously paid, commencing on August 1, 2018, and continuing on the first Business Day of each month thereafter, with a final payment of all unpaid amounts owing on the Term A Loan to Loans shall be paid in full in cash by the Borrowers Borrower on the Term A Loan Maturity Date; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on the Term A Loan shall be immediately due and payable in full.
(c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender by telephone (confirmed by fax) fax or through an Electronic System), of such selection not later than 11:00 a.m., Eastern Standard TimeUtah time, three (3) Business Days before the scheduled date of such repayment. Each Any 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.
(ed) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrowers Borrower to the Lender resulting from each Loan made by the Lender, including the amounts of principal and interest payable and paid to the Lender from time to time hereunder.
(fe) The Lender 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 Borrowers Borrower to the Lender hereunder and (iii) the amount of any sum received by the Lender hereunder.
(gf) 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 the Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers Borrower to repay the Loans in accordance with the terms of this Agreement.
(hg) The Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers Borrower shall prepare, execute and deliver to the Lender a promissory note payable to the Lender (or, if requested by the Lender, to the Lender and its registered assigns) and in a form approved by the Lender. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.04) be represented by one or more promissory notes in such form.
Appears in 1 contract
Samples: Credit Agreement (Franklin Covey Co)
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers Borrower hereby unconditionally promise promises to pay (i) to the Lender Administrative Agent for the account of the Revolving Lenders the then unpaid principal amount of each Revolving Loan extended to the Borrower on the Revolving Credit Loan Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the Revolving Loan Maturity Date and, to the extent the aggregate outstanding principal amount of Swingline Loans exceeds the U.S. Dollar Amount of U.S. $10,000,000, on the first date after the applicable Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding. The Borrower shall repay the Term A Loans on the last day of each Fiscal Quarter, commencing with the Fiscal Quarter ending December 31, 2011, in an amount equal to the then applicable Term A Loan Payment Percentage times the aggregate principal amount of the Term A Loans on the Effective Date (subject to adjustment pursuant to Section 2.11 as a result of prepayments). To the extent not previously paid, all unpaid Term A Loans shall be fully repaid by the Borrower on the Term A Loan Maturity Date. The Borrower shall repay the Term B Loans on the last day of each Fiscal Quarter, commencing with the Fiscal Quarter ending December 31, 2011, in an amount equal to the then applicable Term B Loan Payment Percentage times the aggregate principal amount of the Term B Loans on the Effective Date (subject to adjustment pursuant to Section 2.11 as a result of prepayments). To the extent not previously paid, all unpaid Term B Loans shall be fully repaid by the Borrower on the Term B Loan Maturity Date.
(b) The Borrowers hereby unconditionally promise to repay the Term A Loan to the Lender in consecutive monthly installments of $111,111.11 on the first Business Day of each month, commencing on August 1, 2018, and continuing on the first Business Day of each month thereafter, with a final payment of all unpaid amounts owing on the Term A Loan to be paid in full in cash by the Borrowers on the Term A Maturity Date; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on the Term A Loan shall be immediately due and payable in full.
(c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard 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.
(e) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrowers Borrower to the such Lender resulting from each Loan made by the such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder.
(fc) The Lender Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, the 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 Borrowers Borrower to the each Lender hereunder and (iii) the amount of any sum received by the Lender hereunderAdministrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(gd) 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 Lender Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers Borrower to repay the Loans in accordance with the terms of this Agreement.
(he) The Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers Borrower shall prepare, execute and deliver to the such Lender a promissory note payable to the order of such Lender (or, if requested by the such Lender, to the such Lender and its registered assigns) and in a form approved by the LenderBorrower and the Administrative Agent (with the form attached hereto as Exhibit H being so approved). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.049.04) 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
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers Borrower hereby unconditionally promise promises to pay the Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date.
(b) The Borrowers Borrower hereby unconditionally promise promises to repay the pay Term A Loan in consecutive monthly principal payments to the Lender in consecutive monthly installments of $111,111.11 on the first Business Day of each month, commencing on August 1, 2018, and continuing on with the first Business Day of May, 2016, in the following amounts (as adjusted from time to time pursuant to Section 2.09(d) or 2.16(b)): (i) the first twelve (12) monthly principal payments will each month thereafterbe in the amount of $83,333.33, with a final payment (ii) the next thirty six (36) monthly principal payments will each be in the amount of all unpaid amounts owing on $166,666.67, (iii) the next eleven (11) monthly principal payments will each be in the amount of $250,000, and (iv) the remaining principal balance of the Term A Loan to will shall be paid in full in cash by the Borrowers Borrower on the Term A Maturity Date; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on the Term A Loan shall be immediately due and payable in full.
(c) The Borrowers shall repay the CapEx Borrower hereby unconditionally promises to pay Term B Loan in consecutive monthly installments based on a 5 year amortization schedule, principal payments to the Lender on the first Business Day of each month, commencing with the first such Business Day after the Term B Draw Expiration Date, each in the amount of such payments commencing $5,555 (as adjusted from time to time pursuant to Section 2.09(d) or 2.16(b)), and the remaining principal balance of the Term B Loan will shall be paid in full in cash by the Borrower on the first Business Day of the first month following the CapEx Conversion Term B Maturity Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard TimeDetroit 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.
(e) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrowers Borrower to the Lender resulting from each Loan made by the Lender, including the amounts of principal and interest payable and paid to the Lender from time to time hereunder.
(f) The Lender 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 Borrowers Borrower to the each Lender hereunder and (iii) the amount of any sum received by the Lender hereunder.
(g) The entries made in the accounts maintained pursuant to paragraph (de) or and (ef) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of the Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers Borrower to repay the Loans in accordance with the terms of this Agreement.
(h) The Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers Borrower shall prepare, execute and deliver to the Lender a promissory note payable to the order of the Lender (or, if requested by the Lender, to the Lender and its registered assigns) and in a form approved by the Lender. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.04) 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 (Arotech Corp)
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers Borrower hereby unconditionally promise promises to pay (i) to the Lender Administrative Agent for the account of the Revolving Lenders the then unpaid principal amount of each Revolving Loan extended to the Borrower on the Revolving Credit Loan Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the Revolving Loan Maturity Date and, to the extent the aggregate outstanding principal amount of Swingline Loans exceeds the U.S. Dollar Amount of U.S. $10,000,000, on the first date after the applicable Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding. The Borrower shall repay the Term A Loans on the last day of each Fiscal Quarter, commencing with the Fiscal Quarter ending September 30, 2014, in an amount equal to the then applicable Term A Loan Payment Percentage times the aggregate principal amount of the Term A Loans on the Effective Date (subject to adjustment pursuant to Section 2.11 as a result of prepayments). To the extent not previously paid, all unpaid Term A Loans shall be fully repaid by the Borrower on the Term A Loan Maturity Date. The Borrower shall repay the Term B Loans on the last day of each Fiscal Quarter, commencing with the Fiscal Quarter ending September 30, 2014, in an amount equal to the then applicable Term B Loan Payment Percentage times the aggregate principal amount of the Term B Loans on the Effective Date (subject to adjustment pursuant to Section 2.11 as a result of prepayments). To the extent not previously paid, all unpaid Term B Loans shall be fully repaid by the Borrower on the Term B Loan Maturity Date.
(b) The Borrowers hereby unconditionally promise to repay the Term A Loan to the Lender in consecutive monthly installments of $111,111.11 on the first Business Day of each month, commencing on August 1, 2018, and continuing on the first Business Day of each month thereafter, with a final payment of all unpaid amounts owing on the Term A Loan to be paid in full in cash by the Borrowers on the Term A Maturity Date; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on the Term A Loan shall be immediately due and payable in full.
(c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard 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.
(e) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrowers Borrower to the such Lender resulting from each Loan made by the such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder.
(fc) The Lender Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, the 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 Borrowers Borrower to the each Lender hereunder and (iii) the amount of any sum received by the Lender hereunderAdministrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(gd) 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 Lender Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers Borrower to repay the Loans in accordance with the terms of this Agreement.
(he) The Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers Borrower shall prepare, execute and deliver to the such Lender a promissory note payable to the order of such Lender (or, if requested by the such Lender, to the such Lender and its registered assigns) and in a form approved by the LenderBorrower and the Administrative Agent (with the form attached hereto as Exhibit H being so approved). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.049.04) 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
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers hereby unconditionally promise to pay the Lender the then unpaid principal amount of each Revolving Loan on the Revolving Credit Maturity Date.
(b) The Borrowers hereby unconditionally promise to repay the Term A Loan to the Lender in consecutive monthly installments of $111,111.11 41,666.67 on the first Business Day of each month, commencing on August July 1, 20182017, and continuing on the first Business Day of each month thereafter, with a final payment of all unpaid amounts owing on the Term A Loan to be paid in full in cash by the Borrowers on the Term A Maturity Date; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on the Term A Loan shall be immediately due and payable in full.
(c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard 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.
(ed) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrowers to the Lender resulting from each Loan made by the Lender, including the amounts of principal and interest payable and paid to the Lender from time to time hereunder.
(fe) The Lender 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 Borrowers to the Lender hereunder and (iii) the amount of any sum received by the Lender hereunder.
(gf) 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 the Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers to repay the Loans in accordance with the terms of this Agreement.
(hg) The Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers shall prepare, execute and deliver to the Lender a promissory note payable to the Lender (or, if requested by the Lender, to the Lender and its registered assigns) and in a form approved by the Lender. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.04) be represented by one or more promissory notes in such form.
Appears in 1 contract
Samples: Credit Agreement (Hickok Inc)
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers Borrower hereby unconditionally promise promises to pay (i) to the Administrative Agent for the account of each 2020 Dollar Tranche Lender and each 2020 Multicurrency Tranche Lender the then unpaid principal amount of each 2020 Dollar Tranche Revolving Loan and each 2020 Multicurrency Tranche Revolving Loan, respectively, on the 2020 Maturity Date in the currency of such Loan, (ii) to the Administrative Agent for the account of each 2023 Dollar Tranche Lender and each 2023 Multicurrency Tranche Lender the then unpaid principal amount of each 2023 Dollar Tranche Revolving Loan and each 2023 Multicurrency Tranche Revolving Loan, respectively, on the 2023 Maturity Date in the currency of such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the 2023 Maturity Date and the 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 Days after such Swingline Loan is made; provided that on each date that a Dollar Tranche Revolving Credit Maturity DateBorrowing is made, the Borrower shall repay all Swingline Loans then outstanding.
(b) The Borrowers Borrower hereby unconditionally promise promises to repay the Term A Loan pay to the Lender in consecutive monthly installments Administrative Agent for the account of $111,111.11 each Initial Term Lender, the Initial Term Loans on the first last Business Day of each monthMarch, commencing on August 1June, 2018September and December, and continuing beginning on the first last Business Day of the first full fiscal quarter to occur after the Microsemi Acquisition Closing Date and ending with the last such day to occur prior to the Initial Term Loan Maturity Date, in an aggregate principal amount for each month thereafter, with a final payment such date equal to 0.25% of all unpaid amounts owing the aggregate principal amount of the Initial Term Loans outstanding on the Microsemi Acquisition Closing Date (as such amount shall be adjusted for prepayments pursuant to the terms of this Agreement). Additionally, the Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Initial Term A Loan to be paid in full in cash by Lender the Borrowers unpaid principal amount of such Initial Term Lender’s Initial Term Loans on the Initial Term A Loan Maturity Date; provided, however, . In the event that if the Revolving Commitment shall be terminated for any reasonIncremental Term Loans are made or any Replacement Financing is incurred, the unpaid amounts owing Borrower shall repay such Incremental Term Loans or Replacement Financing on the dates and in the amounts set forth in the related Incremental Term A Loan shall be immediately due and payable in fullAmendment or Refinancing Amendment, as applicable.
(c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard 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.
(e) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrowers Borrower to the such Lender resulting from each Loan made by the such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder.
(fd) The Lender 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 Borrowers Borrower to the each Lender hereunder and (iii) the amount of any sum received by the Lender hereunderAdministrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(ge) 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 Lender Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers Borrower to repay the Loans in accordance with the terms of this Agreement.
(hf) The Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers Borrower shall prepare, execute and deliver to the such Lender a promissory note payable to the order of such Lender (or, if requested by the such Lender, to the such Lender and its registered assigns) and in a form approved by the LenderAdministrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.049.04) 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
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers Borrower hereby unconditionally promise 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 Maturity Date and the 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 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.
(b) The Borrowers Borrower hereby unconditionally promise promises to repay the Term A Loan pay to the Lender in consecutive monthly installments of $111,111.11 on Administrative Agent for the first Business Day account of each monthTerm 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(e) or 2.18(b)): To the extent not previously paid, commencing on August 1, 2018, and continuing on the first Business Day of each month thereafter, with a final payment of all unpaid amounts owing on the Term A Loan to Loans shall be paid in full in cash by the Borrowers Borrower on the Term A Maturity Date; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on the Term A Loan shall be immediately due and payable in full.
(c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers Borrower shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender Administrative Agent by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard TimeNew 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.
(ed) The Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrowers Borrower to the such Lender resulting from each Loan made by the such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder.
(fe) The Lender 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 Borrowers Borrower to the each Lender hereunder and (iii) the amount of any sum received by the Lender hereunderAdministrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(gf) 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 Lender Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers to repay the Loans in accordance with the terms of this AgreementObligations.
(hg) The Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers Borrower shall prepare, execute and deliver to the such Lender a promissory note payable to the order of such Lender (or, if requested by the such Lender, to the such Lender and its registered assigns) and in a the form approved by the Lenderattached hereto as Exhibit J-1 or J-2, as applicable. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.049.04) 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 (Aceto Corp)
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers hereby unconditionally 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 Maturity Date in the currency of such Loan, (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Latest Maturity Date with respect to any Revolving Credit Maturity DateCommitments and the 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 Days after such Swingline Loan is made; provided that on each date that a Dollar Tranche Revolving Borrowing is made, the Borrowers shall repay all Swingline Loans then outstanding.
(b) The Borrowers hereby unconditionally promise to Beginning June 30, 2014, the Lux Borrower shall repay the principal of outstanding 2014 Term A Loan Loans on each Scheduled Principal Repayment Date described below in the aggregate principal amount described opposite such Scheduled Principal Repayment Date (as adjusted from time to time pursuant to Sections 2.11(a) and 2.11(d)(i)): Scheduled Principal Repayment Dates Amount Each of the Lender in consecutive monthly installments first four Scheduled Principal Repayment Dates 0.9375% of $111,111.11 the aggregate principal amount of 2014 Term A Loans incurred on the first Business Day Closing Date Next four Scheduled Principal Repayment Dates 1.25% of each month, commencing on August 1, 2018, and continuing the aggregate principal amount of 2014 Term A Loans incurred on the first Business Day Closing Date Next four Scheduled Principal Repayment Dates 1.875% of each month thereafterthe aggregate principal amount of 2014 Term A Loans incurred on the Closing Date Next four Scheduled Principal Repayment Dates 2.50% of the aggregate principal amount of 2014 Term A Loans incurred on the Closing Date Next three Scheduled Principal Repayment Dates 3.75% of the aggregate principal amount of 2014 Term A Loans incurred on the Closing Date Maturity Date All remaining outstanding principal of 2014 Term A Loans To the extent not previously repaid, with a final payment of all unpaid amounts owing on the 2014 Term A Loan to Loans shall be paid in full in cash Dollars by the Borrowers Lux Borrower on the Term A applicable Maturity Date; providedprovided that, howeverto the extent specified in the applicable Extension Offer, that if amortization payments with respect to Extended Term A Loans for periods prior to the Revolving Commitment then current Maturity Date for 2014 Term A Loans may be reduced (but not increased) and amortization payments required with respect to Extended Term A Loans for periods after the applicable Maturity Date for 2014 Term A Loans shall be terminated for any reason, as specified in the unpaid amounts owing on the Term A Loan shall be immediately due and payable in fullapplicable Extension Offer.
(c) The Borrowers Beginning June 30, 2014, the Lux Borrower shall repay principal of outstanding 2014 Term B Loans on each Scheduled Principal Repayment Date described below in the CapEx aggregate principal amount described opposite such Scheduled Principal Repayment Date (as adjusted from time to time pursuant to Sections 2.11(a) and 2.11(d)(i)): Scheduled Principal Repayment Dates Amount Each Scheduled Principal Repayment Date 0.25% of the aggregate principal amount of 2014 Term Loan in consecutive monthly installments based on a 5 year amortization schedule, B Loans incurred on the first Business Day Closing Date Maturity Date All remaining outstanding principal of each month2014 Term B Loans To the extent not previously repaid, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx 2014 Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term B Loans shall be immediately due paid in full in Dollars by the Lux Borrower on the applicable Maturity Date; provided that, to the extent specified in the applicable Extension Offer, amortization payments with respect to Extended Term B Loans for periods prior to the then current Maturity Date for 2014 Term B Loans may be reduced (but not increased) and payable amortization payments required with respect to Extended Term B Loans for periods after the applicable Maturity Date for 2014 Term B Loans shall be as specified in fullthe applicable Extension Offer.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard 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.
(e) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrowers to the such Lender resulting from each Loan made by the such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder.
(fe) The Lender Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Tranche 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 Borrowers respective Borrower to the each Lender hereunder and (iii) the amount of any sum received by the Lender hereunderAdministrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(gf) The entries made in the accounts maintained pursuant to paragraph (d) or (e) of this Section 2.10 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Lender Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers to repay the Loans in accordance with the terms of this Agreement.
(hg) The Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers shall prepare, execute and deliver to the such Lender a promissory note notes payable to the such Lender (or, if requested by the such Lender, to the such Lender and its registered assigns) and in a form approved by the LenderAdministrative Agent. Thereafter, the Loans evidenced by such promissory note notes and interest thereon shall at all times (including after assignment pursuant to Section 8.049.04) 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
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers Borrower hereby unconditionally promise promises to pay (i) to the Administrative Agent for the account of each 2018 Dollar Tranche Lender and each 2018 Multicurrency Tranche Lender the then unpaid principal amount of each 2018 Dollar Tranche Revolving Loan and each 2018 Multicurrency Tranche Revolving Loan, respectively, on the 2018 Maturity Date in the currency of such Loan, (ii) to the Administrative Agent for the account of each 2020 Dollar Tranche Lender and each 2020 Multicurrency Tranche Lender the then unpaid principal amount of each 2020 Dollar Tranche Revolving Loan and each 2020 Multicurrency Tranche Revolving Loan, respectively, on the 2020 Maturity Date in the currency of such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the 2020 Maturity Date and the 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 Days after such Swingline Loan is made; provided that on each date that a Dollar Tranche Revolving Credit Maturity Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding. To the extent not previously repaid, all unpaid Term Loans shall be paid in full in Dollars by the Borrower on the Restatement Effective Date.
(b) The Borrowers hereby unconditionally promise to repay the Term A Loan to the Lender in consecutive monthly installments of $111,111.11 on the first Business Day of each month, commencing on August 1, 2018, and continuing on the first Business Day of each month thereafter, with a final payment of all unpaid amounts owing on the Term A Loan to be paid in full in cash by the Borrowers on the Term A Maturity Date; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on the Term A Loan shall be immediately due and payable in full.
(c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard 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.
(e) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrowers Borrower to the such Lender resulting from each Loan made by the such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder.
(fc) The Lender 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 Borrowers Borrower to the each Lender hereunder and (iii) the amount of any sum received by the Lender hereunderAdministrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(gd) 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 Lender Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers Borrower to repay the Loans in accordance with the terms of this Agreement.
(he) The Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers Borrower shall prepare, execute and deliver to the such Lender a promissory note payable to the order of such Lender (or, if requested by the such Lender, to the such Lender and its registered assigns) and in a form approved by the LenderAdministrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.049.04) 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
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers hereby unconditionally 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 Maturity Date in the currency of such Loan, (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Latest Maturity Date with respect to any Revolving Credit Maturity DateCommitments and the 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 Days after such Swingline Loan is made; provided that on each date that a Dollar Tranche Revolving Borrowing is made, the Borrowers shall repay all Swingline Loans then outstanding.
(b) The Borrowers hereby unconditionally promise Beginning June 30, 2021, the Lux Borrower shall repay principal of outstanding 2021 Term Loans on each Scheduled Principal Repayment Date described below in the aggregate principal amount described opposite such Scheduled Principal Repayment Date (as adjusted from time to repay time pursuant to Sections 2.11(a), 2.11(d)(i), 2.20, 2.24, 2.25, 9.04(g) and 9.04(k)): Scheduled Principal Repayment Dates Amount Each Scheduled Principal Repayment Date 0.25% of the aggregate principal amount of 2021 Term A Loan to the Lender in consecutive monthly installments of $111,111.11 Loans incurred on the first Business Day Restatement Effective Date Maturity Date All remaining outstanding principal of each month2021 Term Loans To the extent not previously repaid, commencing on August 1, 2018, and continuing on the first Business Day of each month thereafter, with a final payment of all unpaid amounts owing on the 2021 Term A Loan to Loans shall be paid in full in cash Dollars by the Borrowers relevant Borrower on the Term A applicable Maturity Date; provided. To the extent specified in the applicable Extension Offer, however, that if amortization payments with respect to Extended Term Loans for periods prior to the Revolving Commitment then current Maturity Date for any applicable Term Loans may be reduced (but not increased) and amortization payments required with respect to Extended Term Loans for periods after such applicable Maturity Date shall be terminated for any reason, as specified in the unpaid amounts owing on the Term A Loan shall be immediately due and payable in fullapplicable Extension Offer.
(c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard 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.
(e) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrowers to the such Lender resulting from each Loan made by the such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder.
(fd) The Lender Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Tranche 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 Borrowers respective Borrower to the each Lender hereunder and (iii) the amount of any sum received by the Lender hereunderAdministrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(ge) The entries made in the accounts maintained pursuant to paragraph (dc) or (ed) of this Section 2.10 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Lender Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers to repay the Loans in accordance with the terms of this Agreement.
(hf) The Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers shall prepare, execute and deliver to the such Lender a promissory note notes payable to the such Lender (or, if requested by the such Lender, to the such Lender and its registered assigns) and in a form approved by the LenderAdministrative Agent. Thereafter, the Loans evidenced by such promissory note notes and interest thereon shall at all times (including after assignment pursuant to Section 8.049.04) 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: Amendment and Restatement Agreement (Endo International PLC)
Repayment and Amortization of Loans; Evidence of Debt. (a) The Borrowers Borrower hereby unconditionally promise promises to pay (i) to the Lender Administrative Agent for the account of the Revolving Lenders the then unpaid principal amount of each Revolving Loan extended to the Borrower on the Revolving Credit Loan Maturity Date in the currency of such Loan and (ii) to the Administrative Agent for the account of the applicable Swingline Lender the then unpaid principal amount of each Swingline Loan on the Revolving Loan Maturity Date and, to the extent the aggregate outstanding principal amount of all Swingline Loans exceeds the U.S. Dollar Amount of U.S. $10,000,000, on the first date after the applicable Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding. The Borrower shall repay the Term A Loans on the last day of each Fiscal Quarter, commencing with the Fiscal Quarter ending June 30, 2017, in an amount equal to the then applicable Term A Loan Payment Percentage times the aggregate principal amount of the Term A Loans on the Effective Date (subject to adjustment pursuant to Section 2.11 as a result of prepayments). To the extent not previously paid, all unpaid Term A Loans shall be fully repaid by the Borrower on the Term A Loan Maturity Date. The Borrower shall repay the Term B Loans on the last day of each Fiscal Quarter, commencing with the Fiscal Quarter ending September 30, 2014, in an amount equal to the then applicable Term B Loan Payment Percentage times the aggregate principal amount of the Term B Loans on the Effective Date (subject to adjustment pursuant to Section 2.11 as a result of prepayments). To the extent not previously paid, all unpaid Term B Loans shall be fully repaid by the Borrower on the Term B Loan Maturity Date.
(b) The Borrowers hereby unconditionally promise to repay the Term A Loan to the Lender in consecutive monthly installments of $111,111.11 on the first Business Day of each month, commencing on August 1, 2018, and continuing on the first Business Day of each month thereafter, with a final payment of all unpaid amounts owing on the Term A Loan to be paid in full in cash by the Borrowers on the Term A Maturity Date; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on the Term A Loan shall be immediately due and payable in full.
(c) The Borrowers shall repay the CapEx Term Loan in consecutive monthly installments based on a 5 year amortization schedule, on the first Business Day of each month, with the first of such payments commencing on the first Business Day of the first month following the CapEx Conversion Date, and continuing on the first Business Day of each month thereafter, with all unpaid amounts owing on the CapEx Loans and CapEx Term Loans to be paid on the 60th and final monthly payment; provided, however, that if the Revolving Commitment shall be terminated for any reason, the unpaid amounts owing on all CapEx Loans and CapEx Term Loans shall be immediately due and payable in full.
(d) Prior to any repayment of any Term Loan Borrowings of any Class under this Section, the Borrowers shall select the Borrowing or Borrowings of the applicable Class to be repaid and shall notify the Lender by telephone (confirmed by fax) of such selection not later than 11:00 a.m., Eastern Standard 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.
(e) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrowers Borrower to the such Lender resulting from each Loan made by the such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder.
(fc) The Lender Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, the 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 Borrowers Borrower to the each Lender hereunder and (iii) the amount of any sum received by the Lender hereunder.Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. Table of Contents
(gd) 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 Lender Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrowers Borrower to repay the Loans in accordance with the terms of this Agreement.
(he) The Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrowers Borrower shall prepare, execute and deliver to the such Lender a promissory note payable to the order of such Lender (or, if requested by the such Lender, to the such Lender and its registered assigns) and in a form approved by the LenderBorrower and the Administrative Agent (with the form attached hereto as Exhibit H being so approved). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.049.04) 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).
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