Series 2013-A Restatement Effective Date Payments Sample Clauses

Series 2013-A Restatement Effective Date Payments. Notwithstanding anything herein or in any other Series 2013-A Related Document to the contrary, on the Series 2013-A Restatement Effective Date, (i) each of the MUFG Class A Investor Group and the CIBC Class A Investor Group shall pay or cause to paid, in accordance with Section 2.2(a), to HVF II the Class A Initial Advance for such Class A Investor Group as if such Class A Initial Advance Amount were a Class A Advance, (ii) each of the MUFG Class B Investor Group and the CIBC Class B Investor Group shall pay or cause to paid, in accordance with Section 2.2(b), to HVF II the Class B Initial Advance for such Class B Investor Group as if such Class B Initial Advance Amount were a Class B Advance and (iii) each of the MUFG Class C Investor Group and the CIBC Class C Investor Group shall pay or cause to paid, in accordance with Section 2.2(c), to HVF II the Class C Initial Advance for such Class C Investor Group as if such Class C Initial Advance Amount were a Class C Advance.
Sample 1
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Series 2013-A Restatement Effective Date Payments. Notwithstanding anything herein or in any other Series 2013-A Related Document to the contrary, on the Series 2013-A Restatement Effective Date, (i) HVF II shall pay or cause to be paid to each Class A Noteholder, as a payment of principal of each such Class A Noteholder’s Class A Note, the Series 2013-A Restatement Effective Date Principal Payment with respect to such Class A Noteholder, (ii) each Class A Investor Group shall pay or cause to paid, in accordance with Section 2.2(a), to HVF II the Class A Initial Advance for such Class A Investor Group as if such Class A Initial Advance Amount were a Class A Advance, (iii) HVF II shall pay or cause to be paid to each Class B Noteholder, as a payment of principal of each such Class B Noteholder’s Class B Note, the Series 2013-A Restatement Effective Date Principal Payment with respect to such Class B Noteholder and (iv) each Class B Investor Group shall pay or cause to paid, in accordance with Section 2.2(b), to HVF II the Class B Initial Advance for such Class B Investor Group as if such Class B Initial Advance Amount were a Class B Advance. For the avoidance of doubt, no notice requirement shall apply with respect to the payment of the Series 2013-A Restatement Effective Date Principal Payments on the Series 2013-A Restatement Effective Date.
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Series 2013-A Restatement Effective Date Payments. Notwithstanding anything herein or in any other Series 2013-A Related Document to the contrary, on the Series 2013-A Restatement Effective Date, HVF II shall pay or cause to be paid to each Class A Noteholder, as a payment of principal of each such Class A Noteholder’s Class A Note, the Series 2013-A Restatement Effective Date Principal Payment with respect to such Class A Noteholder. For the avoidance of doubt, no notice requirement shall apply with respect to the payment of the Series 2013-A Restatement Effective Date Principal Payments on the Series 2013-A Restatement Effective Date.
Sample 1
Series 2013-A Restatement Effective Date Payments. Notwithstanding anything herein or in any other Series 2013-A Related Document to the contrary, on the Series 2013-A Restatement Effective Date, HVF II shall pay or cause to be paid to each Series 2013-A Noteholder, as a payment of principal of each such Series 2013-A Noteholder’s Series 2013-A Note, the Series 2013-A Restatement Effective Date Principal Payment with respect to such Series 2013-A Noteholder; provided that, all fees and interest accrued with respect to each Series 2013-A Note through the Series 2013-A Restatement Effective Date shall be paid on the first Payment Date following the Series 2013-A Restatement Effective Date. For the avoidance of doubt, no notice requirement shall apply with respect to the payment of the Series 2013-A Restatement Effective Date Principal Payments on the Series 2013-A Restatement Effective Date.
Sample 1
Series 2013-A Restatement Effective Date Payments. Notwithstanding anything herein or in any other Series 2013-A Related Document to the contrary, on the Series 2013-A Restatement Effective Date, (i) the entire principal amount due and owing to each Class A Noteholder, Class B Noteholder or Class C Noteholder under the Prior Series 2013-A Note for such Class A Noteholder, Class B Noteholder or Class C Noteholder, as applicable, shall be deemed paid in full and all accrued and unpaid interest thereon as of the Series 2013-A Restatement Effective Date shall be paid to such Class A Noteholder, Class B Noteholder or Class C Noteholder, as applicable, on the Payment Date immediately following the Series 2013-A Restatement Effective Date, all Class A Commitments (as defined in the Initial Series 2013-A Supplement) of such Class A Noteholder, Class B Noteholder or Class C Noteholder under such Prior Series 2013-A Note shall be terminated and such Prior Series 2013-A Note shall be cancelled as set forth in Section 2.1(a)(i)(F), Section 2.1(a)(ii)(F) or Section 2.1(a)(iii)(F), as applicable, (ii) the entire principal amount due and owing to each Class D Noteholder under the Prior Series 2013-A Note for such Class D Noteholder shall be deemed paid in full and all accrued and unpaid interest thereon as of the Series 2013-A Restatement Effective Date shall be paid to such Class D Noteholder on the Payment Date immediately following the Series 2013-A Restatement Effective Date, all Class B Commitments (as defined in the Initial Series 2013-A Supplement) of such Class D Noteholder under such Prior Series 2013-A Note shall be terminated and such Prior Series 2013-A Note shall be cancelled as set forth in Section 2.1(a)(iv)(F), (iii) the entire principal amount due and owing to the Class RR Noteholder under the Prior Series 2013- A Note for the Class RR Noteholder shall be deemed paid in full and all accrued and unpaid interest thereon as of the Series 2013-A Restatement Effective Date shall be paid to such Class RR Noteholder on the Payment Date immediately following the Series 2013-A Restatement Effective Date, all Class C Commitments (as defined in the Initial Series 2013-A Supplement) of the Class RR Noteholder under such Prior Series 2013-A Note shall be terminated and such Prior Series 2013-A Note shall be cancelled as set forth in Section 2.1(a)(v)(F), (iv) with respect to each Class A Investor Group listed on Schedule II hereto, the Class A Initial Investor Group Principal Amount shall be deemed advanced under the...
Sample 1

Related to Series 2013-A Restatement Effective Date Payments

  • Restatement Effective Date If this is an amendment and restatement, the effective date of the restatement (hereinafter called the "Effective Date") is:

  • Amendment Effective Date This Agreement and the provisions contained herein shall become effective as of the Amendment Effective Date.

  • Effective Date and Termination Date The term of this SCIA shall commence on the Effective Date indicated on page 1 above and terminate on December 31, 2024, unless sooner terminated or extended as provided for below.

  • Contract Effective Date This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed.

  • Termination Date, Etc “Termination Date” shall mean in the case of the Executive’s death, his date of death, or in all other cases, the date specified in the Notice of Termination subject to the following:

  • Agreement Effective Date This Agreement shall become effective and binding upon each Party immediately following the occurrence of the following conditions (the “Agreement Effective Date”): (a) Honeywell has executed and delivered counterpart signatures to this Agreement to each other Party; (b) Oaktree has executed and delivered counterpart signatures to this Agreement to each other Party; (c) Centerbridge has executed and delivered counterpart signatures to this Agreement to each other Party; (d) Xxxxxxx has executed and delivered counterpart signatures to this Agreement to each other Party; (e) The Requisite Additional Investors have executed and delivered counterpart signatures to this Agreement to each other Party; and (f) The Requisite Consenting Noteholders have executed and delivered counterpart signatures to this Agreement to each other Party. Notwithstanding the occurrence of the Agreement Effective Date, this Agreement contemplates, that, upon the consent of Honeywell, the Plan Sponsors, the Requisite Additional Investors, and the Requisite Consenting Noteholders (which consent of such Parties shall not be unreasonably withheld, conditioned, or delayed), (i) the Consenting Lenders may become Parties upon execution and delivery of counterpart signature pages of this Agreement to counsel to each other Party and at such time those Prepetition Lenders shall become obligated under this Agreement, (ii) Additional Consenting Noteholders may become Parties upon execution and delivery of counterpart signature pages of this Agreement to counsel to each other Party and at such time those Senior Noteholders shall become obligated under this Agreement, and (iii) the Consenting Equityholders may become Parties upon execution and delivery of counterpart signature pages of this Agreement to counsel to each other party and at such time the Consenting Equityholders shall become obligated under this Agreement. For the avoidance of doubt, if there is a subsequent Termination Date (defined in Section 9.07) pursuant to Section 9.02 or Section 9.06 with respect to the Debtors, any and all provisions of the Agreement referencing “S&C,” the “Debtor,” or “Debtors” are, and shall continue to be, in full force and effect with respect to the Commitment Parties as if such provisions were written without reference to “S&C,” the “Debtor,” or “Debtors,” and this Agreement shall continue to be in full force and effect with respect to each other Party hereto. Further, for the avoidance of doubt, (i) if the Prepetition Lenders never become a Party, any and all provisions of the Agreement referencing “Xxxxxx,” “Prepetition Lenders,” “Consenting Lenders,” or “Requisite Consenting Lenders” are, and shall continue to be, in full force and effect with respect to the other Commitment Parties as if such provisions were written without reference to those terms and this Agreement shall be in full force and effect with respect to each other Party hereto; and (ii) if Consenting Equityholders other than the Plan Sponsors and the Additional Investors never become a Party, any and all provisions of the Agreement referencing “Consenting Equityholders” or “Requisite Consenting Equityholders” are, and shall continue to be, in full force and effect with respect to the other Commitment Parties as if such provisions were written without reference to those terms and this Agreement shall be in full force and effect with respect to each other Party hereto. Signature pages executed by the Parties set forth in Section 1(a) through (f) shall be delivered to: (a) Xxxxxxxx & Xxxxx LLP (“K&E”), legal counsel to Honeywell; (b) Milbank LLP (“Milbank”), legal counsel to the Plan Sponsors; (c) Xxxxxxxx & Xxxxxxxx (“S&C”), legal counsel to the Debtors; (d) Xxxxx Day, legal counsel to the Additional Investors; (e) Ropes & Xxxx LLP (“R&G”), legal counsel to the Consenting Noteholders; and (f) if applicable, legal counsel to the ad hoc committee of Prepetition Lenders, Xxxxxx, Xxxx & Xxxxxxxx, (“Xxxxxx”). Each Commitment Party intends to be and is bound under this Agreement with respect to any and all claims against, or interests in, any of the Debtors, whether currently held or hereafter acquired by such Commitment Party.

  • Effect; Effective Date Upon (i) delivery to the Agent of a duly executed Assignment Agreement, together with any consents required by Sections 12.3(a) and 12.3(b), and (ii) payment of a $3,500 fee to the Agent for processing such assignment (unless such fee is waived by the Agent), such Assignment Agreement shall become effective on the effective date specified by the Agent in such Assignment Agreement. The Assignment Agreement shall contain a representation by the Purchaser to the effect that none of the consideration used to make the purchase of the Commitment and Credit Exposure under the applicable Assignment Agreement constitutes “plan assets” as defined under ERISA and that the rights and interests of the Purchaser in and under the Loan Documents will not be “plan assets” under ERISA. On and after the effective date of such Assignment Agreement, such Purchaser shall for all purposes be a Lender party to this Agreement and any other Loan Document executed by or on behalf of the Lenders and shall have all the rights and obligations of a Lender under the Loan Documents, to the same extent as if it were an original party thereto, and the transferor Lender shall be released with respect to the Commitment and Credit Exposure assigned to such Purchaser without any further consent or action by the Borrower, the Lenders or the Agent. In the case of an Assignment Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a Lender hereunder but shall continue to be entitled to the benefits of, and subject to, those provisions of this Agreement and the other Loan Documents which survive payment of the Obligations and termination of the applicable agreement. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this Section 12.3 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with Section 12.2. Upon the consummation of any assignment to a Purchaser pursuant to this Section 12.3(c), the transferor Lender, the Agent and the Borrower shall, if the transferor Lender or the Purchaser desires that its Loans be evidenced by Notes, make appropriate arrangements so that new Notes or, as appropriate, replacement Notes are issued to such transferor Lender and new Notes or, as appropriate, replacement Notes, are issued to such Purchaser, in each case in principal amounts reflecting their respective Commitments, as adjusted pursuant to such assignment.

  • Effective Date; Termination Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01

  • Effective Date and Allocations If the Aggregate Commitments are increased in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date (the “Increase Effective Date”) and the final allocation of such increase. The Administrative Agent shall promptly notify the Borrower and the Lenders of the final allocation of such increase and the Increase Effective Date.

  • Optional Termination and Reduction of Aggregate Credit Amounts (i) The Borrower may at any time terminate, or from time to time reduce, the Aggregate Maximum Credit Amounts; provided that (A) each reduction of the Aggregate Maximum Credit Amounts shall be in an amount that is an integral multiple of $1,000,000 and not less than $5,000,000 and (B) the Borrower shall not terminate or reduce the Aggregate Maximum Credit Amounts if, after giving effect to any concurrent prepayment of the Loans in accordance with Section 3.04(c), the total Revolving Credit Exposures would exceed the total Commitments. (ii) The Borrower shall notify the Administrative Agent of any election to terminate or reduce the Aggregate Maximum Credit Amounts under Section 2.06(b)(i) at least three Business Days prior to the effective date of such termination or reduction, specifying such election and the effective date thereof. Promptly following receipt of any notice, the Administrative Agent shall advise the Lenders of the contents thereof. Each notice delivered by the Borrower pursuant to this Section 2.06(b)(ii) shall be irrevocable. Any termination or reduction of the Aggregate Maximum Credit Amounts shall be permanent and may not be reinstated. Each reduction of the Aggregate Maximum Credit Amounts shall be made ratably among the Lenders in accordance with each Lender’s Applicable Percentage.

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