Second Amendment Term Loans. The Second Amendment Term Loans will be made in accordance with the Second Amendment.
Second Amendment Term Loans. Subject to the terms and conditions hereof, each Lender with a Second Amendment Term Loan Commitment severally agrees to make the Second Amendment Term Loan on the Second Amendment Effective Date in an amount equal to such Xxxxxx’s Second Amendment Term Loan Commitment, such that after giving effect to the Second Amendment Term Loans, the aggregate outstanding principal balance of the Term Loans (inclusive of the Term Loans funded on the Closing Date and the First Amendment) shall be $149,375,000.00.
Second Amendment Term Loans. (i) On the Second Amendment Effective Date, the proceeds of all Additional Term Loans, if any, shall be used to refinance in full all Existing Term Loans consisting of Tranche B-1 Term Loans or Tranche B-2 Term Loans, as applicable (other than Exchanged Term Loans), on the terms and subject to the conditions set forth herein, including via the assignment by the Lenders holding such Existing Term Loans consisting of Tranche B-1 Term Loans or Tranche B-2 Term Loans, as applicable (other than Exchanged Term Loans), who do not remain Lenders under the Amended Credit Agreement on the Second Amendment Effective Date to the Additional Lenders as of the Second Amendment Effective Date of such Existing Term Loans consisting of Tranche B-1 Term Loans or Tranche B-2 Term Loans, as applicable (other than Exchanged Term Loans), which shall thereafter be continued as and be deemed to be Second Amendment Term Loans. The commitments of the Additional Lenders and the undertakings of the Exchanging Term Lenders are several and no such Second Amendment Term Lender will be responsible for any other Second Amendment Term Lender’s failure to make, acquire or exchange the Second Amendment Term Loans consisting of Tranche B-1 Term Loans and/or Tranche B-2 Term Loans, as applicable and in each case under and as defined in the Amended Credit Agreement. Notwithstanding anything herein or in the Amended Credit Agreement to the contrary, the aggregate principal amount of the Second Amendment Term Loans will not exceed the aggregate principal amount of the Existing Term Loans consisting of Tranche B-1 Term Loans or Tranche B-2 Term Loans, as applicable. Each of the parties hereto acknowledges and agrees that the terms of this Second Amendment do not constitute a novation but, rather, an amendment of the terms of a pre-existing Indebtedness and related agreement, as evidenced by this Second Amendment and the Amended Credit Agreement.
Second Amendment Term Loans. Subject to the satisfaction or waiver of the conditions to borrowing set forth in the Credit Agreement and the conditions set forth in Section 3 hereof, on and as of the Second Amendment Effective Date, each Lender that is providing new or increased Term Commitments in connection with the Second Amendment Term Loans will make such Second Amendment Term Loans to the BV Borrower or the US Borrower (as directed by the BV Borrower) in an amount not to exceed its respective new Term Commitment or the amount of any increase in its Term Commitment.
Second Amendment Term Loans. (i) On the Second Amendment Effective Date, the proceeds of all Additional Term Loans, if any, shall be used (1) to refinance in full all Existing Term Loans, other than Cashless Settlement Term Loans, on the terms and subject to the conditions set forth herein and (2) for working capital and general corporate purposes. The commitments of the Additional Term Lenders and the undertakings of the Exchanging Term Lenders are several and no such Second Amendment Term Lender will be responsible for any other Second Amendment Term Lender’s failure to make, acquire or exchange the Second Amendment Term Loans. On the Second Amendment Effective Date, the aggregate principal amount of the Second Amendment Term Loans shall be $873,000,000. Each of the parties hereto acknowledges and agrees that the terms of this Second Amendment do not constitute a novation but, rather, an amendment of the terms of a pre-existing Indebtedness and related agreement, as evidenced by this Second Amendment and the Amended Credit Agreement. Each of the parties hereto acknowledges and agrees that from and after the Second Amendment Effective Date, the Second Amendment Term Loans shall constitute “Initial Term Loans”, “Term Loans”, “Loans” and “Obligations” under and for all purposes of the Amended Credit Agreement.
Second Amendment Term Loans. (i) On the Second Amendment Effective Date, the proceeds of all Additional Term Loans, if any, shall be used to refinance in full all Existing Term Loans, other than Exchanged Term Loans, on the terms and subject to the conditions set forth herein. The commitments of the Additional Term Lenders and the undertakings of the Exchanging Term Lenders are several and no such Second Amendment Term Lender will be responsible for any other Second Amendment Term Lender’s failure to make, acquire or exchange the Second Amendment Term Loans. On the Second Amendment Effective Date, the aggregate principal amount of the Second Amendment Tranche B-1 Term Loans shall be $920,791,875.00 and the aggregate principal amount to the Second Amendment Tranche B-2 Term Loans shall be €281,212,468.75. Each of the parties hereto acknowledges and agrees that the terms of this Second Amendment do not constitute a novation but, rather, an amendment of the terms of a pre-existing Indebtedness and related agreement, as evidenced by this Second Amendment and the Amended Credit Agreement.
