Supplemental Credit Documents. Each Discretionary Loan (i) will be subject to the terms and conditions of this Agreement and (ii) will be secured and guaranteed by the Collateral Documents and the Guaranties. The Discretionary Commitment of each Discretionary Lender with respect to each Discretionary Loan will be subject, among other things, to (A) obtaining agreement with Restricted Borrowers as to the fronting fees or other applicable fees payable in respect of such Discretionary Loan, (B) to the extent any New Lenders are party to such Discretionary Loan, execution and delivery of all necessary amendments referred to in Section 2.4(e), and (C) the execution and delivery by the Loan Parties and each Discretionary Lender party to the respective Discretionary Loan, as appropriate, of all documents reasonably requested by the applicable Discretionary Lenders to evidence and effect the applicable Discretionary Loan, including, without limitation, a supplement to this Agreement memorializing, among other things, the amount of the Discretionary Loan, the Discretionary Lenders, the respective Discretionary Commitments of such Discretionary Lenders, the Discretionary Loan Effective Date for such Discretionary Loan, and solely with respect to each Discretionary Term Loan, the scheduled principal amortization, the applicable interest rates, and the applicable Termination Date for such Discretionary Term Loan (collectively, the "Supplemental Credit Documents"), which Supplemental Credit Documents shall be accepted and acknowledged by Administrative Agent.
Appears in 1 contract
Supplemental Credit Documents. Each Discretionary Loan (i) will be subject to the terms and conditions of this Agreement and (ii) will be secured and guaranteed by the Collateral Documents and the Guaranties. The Discretionary Commitment of each Discretionary Lender with respect to each Discretionary Loan will be subject, among other things, to (A) obtaining agreement with Restricted the Borrowers as to the fronting fees or other applicable fees payable in respect of such Discretionary Loan, (B) to the extent any New Lenders are party to such Discretionary Loan, execution and delivery of all necessary amendments referred to in Section 2.4(e), and (C) the execution and delivery by the Loan Parties and each Discretionary Lender party to the respective Discretionary Loan, as appropriate, of all documents reasonably requested by the applicable Discretionary Lenders to evidence and effect the applicable Discretionary Loan, including, without limitation, including a supplement to this Agreement memorializing, among other things, the amount of the Discretionary Loan, the Discretionary Lenders, the respective Discretionary Commitments of such Discretionary Lenders, the Discretionary Loan Effective Date for such Discretionary Loan, and solely with respect to each Discretionary Term Loan, the scheduled principal amortization, the applicable interest rates, and the applicable Termination Date for such Discretionary Term Loan (collectively, the "Supplemental Credit Documents"), which Supplemental Credit Documents shall be accepted and acknowledged by the Administrative AgentAgent and (D) with respect to the first $470,000,000 of Discretionary Loan Subfacilities entered into by the Borrowers following the Closing Date, such Discretionary Loan Subfacilities shall be entered into on terms and conditions and pursuant to documentation reasonably satisfactory to the Agents.
Appears in 1 contract
Supplemental Credit Documents. Each Discretionary Loan Facility (i) will be subject to the terms and conditions of this Agreement and (ii) will be secured and guaranteed by the Collateral Documents Security Instruments and the GuarantiesGuaranty. The Discretionary Commitment of each Discretionary Lender with respect to each Discretionary Loan will be subject, among other things, to (A) such Lender obtaining agreement with Restricted Borrowers the Borrower as to the fronting fees or other all applicable fees payable in respect of such its Discretionary LoanCommitment (which, with respect to any Aggregate Revolving Credit Commitments Increase, shall be the same as the fees set forth herein with respect to the Revolving Credit Facility other than the fees referred to in Section 2.11(b) or (c)), (B) to the extent any New Lenders are party to such Discretionary Loan, execution and delivery of all necessary amendments referred to in Section 2.4(e2.16(d), (C) if requested by any Discretionary Facility Lender, the results of a Lien search and title update with respect to the property of the Borrower and the Guarantors that is Collateral with results satisfactory to such Discretionary Facility Lender, and (CD) the execution and delivery by the Loan Parties and each Discretionary Lender party to the respective Discretionary LoanFacility, as appropriate, and the Administrative Agent of all documents reasonably requested by the applicable Discretionary such Lenders to evidence and effect the applicable Discretionary LoanFacility, including, without limitation, a supplement to this Agreement memorializing, among other things, the amount of the Discretionary LoanCommitment, the Lenders with respect to the Discretionary Facility (the "Discretionary Facility Lenders"), the respective Discretionary Commitments Commitment of each such Discretionary Facility Lenders, all fees payable in connection therewith, the Discretionary Loan Commitment Effective Date for such Discretionary LoanFacility, and such representations and warranties of such Discretionary Facility Lender that is a New Lender as required of an Eligible Assignee in the Assignment and Assumption, and solely with respect to each Discretionary the Term LoanLoan C, the scheduled principal amortization, any optional or mandatory repayments, the applicable interest rates, and number of interest periods (which shall not exceed three), the applicable Termination Date for such Discretionary Term Loan C Maturity Date and any additional fee payable to the Administrative Agent with respect to the administration of a Discretionary Facility (collectively, the "Supplemental Credit Documents"), which Supplemental Credit Documents shall be accepted and acknowledged by acceptable to the Administrative Agent. As a condition precedent to any Discretionary Facility, the Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Discretionary Commitment Effective Date (in sufficient copies for each Discretionary Facility Lender) signed by a Responsible Officer of such Loan Party (i) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such Discretionary Facility, and (ii) certifying that, before and after giving effect to such Discretionary Facility, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Discretionary Commitment Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01, and (B) no Default or Event of Default exists. If the Discretionary Facility is an increase in the Aggregate Revolving Credit Commitment, the Borrower shall prepay any Revolving Loans outstanding on the Discretionary Commitment Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Revolving Loans ratable with any revised Pro Rata Revolving Shares arising from any nonratable increase in the Revolving Credit Commitments under this Section.
Appears in 1 contract
Supplemental Credit Documents. Each Discretionary Loan (i) will be subject to the terms and conditions of this Agreement and (ii) will be secured and guaranteed by the Collateral Documents and the Guaranties. The Discretionary Commitment of each Discretionary Lender with respect to each Discretionary Loan will be subject, among other things, to (A) obtaining agreement with Restricted Borrowers Borrower as to the fronting fees or other applicable fees payable in respect of such Discretionary Loan, (B) to the extent any New Lenders are party to such Discretionary Loan, execution and delivery of all necessary amendments referred to in Section 2.4(eSECTION 2.6(e), and (C) the execution and delivery by the Loan Parties and each Discretionary Lender party to the respective Discretionary Loan, as appropriate, of all documents reasonably requested by the applicable Discretionary Lenders to evidence and effect the applicable Discretionary Loan, including, without limitation, a supplement to this Agreement memorializing, among other things, the amount of the Discretionary Loan, the Discretionary Lenders, the respective Discretionary Commitments of such Discretionary Lenders, the Discretionary Loan Effective Date for such Discretionary Loan, and solely with respect to each Discretionary Term B Loan, the scheduled principal amortization, the applicable interest rates, and the applicable Termination Date for such Discretionary Term B Loan (collectively, the "Supplemental Credit DocumentsSUPPLEMENTAL CREDIT DOCUMENTS"), which Supplemental Credit Documents shall be accepted and acknowledged by Administrative Agent.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Dobson Communications Corp)