Successful Syndication. The Syndication Agent shall have successfully syndicated the Revolving Credit, provided that the Borrower may request the making of the first loan to be no later than July 23, 2001 whether or not the conditions described in this Section 3.19 are met. 51
Successful Syndication. 42 3.20. BENEFIT OF CONDITIONS PRECEDENT...............................43
Successful Syndication. Each Credit Party shall, and shall cause each other Credit Party, to (i) use its best efforts to facilitate a Successful Syndication and (ii) comply with the GE Capital Syndication Letter.
Successful Syndication. The Administrative Agent shall have satisfactorily completed a successful syndication of the Commitments and the Obligations as determined by Administrative Agent in its discretion.
Successful Syndication. Agent shall have received Commitments from Lenders other than HSBC for at least 44% of the Maximum Loan Amount;
Successful Syndication. 5.1 Upon the Transfer Certificate Date, the Arranger agrees that Successful Syndication (as defined in the Underwriting Fee Letter) has occurred and the flex provisions set out at Schedule 1 to the Underwriting Fee Letter are or will be of no further force and effect.
5.2 Notwithstanding the provisions of this letter, the Underwriting Fee Letter shall remain in full force and effect (save as specifically and expressly agreed under paragraph 2 (OID) of this letter), including (for the avoidance of doubt) the requirement to pay to the Arranger an arrangement fee in an amount equal to 2.0 per cent. of the aggregate principal amount of the Arranger’s Commitments in respect of the Revolving Facility (as indicated against its name in the Facilities Agreement), pursuant to paragraph 4.2(a)(ii) thereof.
Successful Syndication. Comerica shall be entitled, after consultation with you, to change the pricing (subject to the limitations set forth in the Agency Fee Letter), terms and/or structure of the Financing if Comerica determines, in its reasonable discretion, that such changes are necessary or advisable to insure a successful syndication of the Financing; provided, however, that the total amount of the Financing remains unchanged. It is understood that Comerica's commitment hereunder is expressly subject to the agreements in this paragraph, and that such agreements (and any similar agreements in the Fee Letter) shall survive the Closing.
Successful Syndication. CIT shall have successfully syndicated the Revolving Line of Credit to its desired hold level (such amount to be determined by CIT at the time of syndication), as evidenced by the execution and delivery of one or more Assignment and Transfer Agreements and Commitment Increase Agreements satisfactory to CIT and, in order to achieve such successful syndication, any necessary adjustments to the Loan Facility Fee and the Applicable Margin, as contemplated by Section 7.7 and by the definition of “Applicable Margin”, respectively, shall have been made.
Successful Syndication. As used herein, “Successful Syndication” shall mean (i) with respect to each type of Loan other than the Revolving Credit Commitments, that the Lenders shall have succeeded in placing all of the Loans of such type, and (ii) with respect to Revolving Credit Commitments, that the Lenders shall have succeeded in placing all of the aggregate commitments under the Revolving Credit Facility ******************************* ******************************************************************************************** *********************************************************************** For the avoidance of doubt, each Lender has been paid in full in cash its full profit margin on each Loan on the date hereof, and therefore, there shall be no markup on the Loans above the terms necessary to achieve a Successful Syndication (other than such cash payments being made on the date hereof).
Successful Syndication. It shall be a condition to the closing of the Loan, and of any obligations of Agent and U.S. Bank under this Agreement and the other Loan Documents, that Agent shall have successfully syndicated with Lenders under this Agreement commitments to make Advances under this Agreement in an aggregate amount of not less than Two Hundred Thirty-Five Million Dollars (235,000,000), with U.S. Bank retaining no more than a commitment of One Hundred Thirty-Five Million Dollars ($135,000,000), and other Lenders having committed to not less than One Hundred Million Dollars ($100,000,000). Notwithstanding anything stated to the contrary in this Article II and/or in Article III herein or elsewhere in this Agreement, the initial funding of the Loan and/or recordation of the Deeds of Trust shall be deemed a confirmation by Agent and the Lenders that all conditions precedent to the funding of the Initial Advance as set forth in this Article II have been satisfied or waived for all purposes, including for purposes of making of any Additional Advances under Article III (except as otherwise expressly reserved by Agent in a writing delivered to Borrower prior to the closing of the Loan).
