Term B Borrowing. Subject to the terms and conditions set forth herein, each Term B Xxxxxx severally agrees to make a single loan to the Borrower, in Dollars on any Business Day during the Term B Availability Period, in an aggregate amount not to exceed such Term B Lender’s Term B Commitment. The Term B Borrowing shall consist of Term B Loans made simultaneously by the Term B Lenders in accordance with their respective Term B Commitments. Term B Borrowings repaid or prepaid may not be reborrowed.
Term B Borrowing. Subject to the terms and conditions set forth herein, each Term B Lender severally agrees to make a single term loan to the Borrower, in Dollars, on any Business Day during the Term B Availability Period, in an aggregate amount not to exceed such Term B Lender’s Term B Commitment; provided, that, on or prior to such Business Day, the Term B Draw Conditions shall have been satisfied; provided, further, that, for the avoidance of doubt, it is understood and agreed that there shall be no more than one (1) Term B Borrowing during the term of this Agreement. The Term B Borrowing shall consist of Term B Loans made simultaneously by the Term B Lenders in accordance with their respective Term B Commitments. Term B Borrowings repaid or prepaid may not be reborrowed.
Term B Borrowing. (A) At any time during the Availability Period (as defined in the Credit Agreement), if at the time that the Holder delivers a Notice of Exercise with respect to any or all of the Warrant Shares the Term B Loans (as defined in the Credit Agreement) have not been extended to the Company or any of its Affiliates in whole or in part, the Aggregate Number of Warrant Shares for which this Warrant may be exercised pursuant to such Notice of Exercise shall be reduced by 86,175 Warrant Shares (the “Term B Warrant Share Amount”); provided, that such reduction shall not apply to any subsequent Notice of Exercise if, at the time the Holder delivers such subsequent Notice of Exercise, the Term B Loans have, in whole or in part, prior to or concurrently with the delivery of such subsequent Notice of Exercise, been extended to the Company or any of its Affiliates.
(B) Upon expiration of the Availability Period, if the Term B Loans have not, in whole or in part, been extended to the Company or any of its Affiliates, the Aggregate Number shall automatically be reduced by the Term B Warrant Share Amount.
Term B Borrowing. Subject to the terms and conditions set forth herein, each Term B Lender severally agrees to make a single loan in Dollars to the Company on the Amendment No. 10 Effective Date in an amount not to exceed such Term B Lender’s Term B Commitment. The Term B Borrowing shall consist of Term B Loans made simultaneously by the Term B Lenders in accordance with their respective Term B Commitments. Amounts borrowed under this Section 2.01(b) and repaid or prepaid may not be reborrowed. Term B Loans may be Base Rate Loans or Eurocurrency RateTerm SOFR Loans as further provided herein. For the avoidance of doubt, the parties hereto acknowledge and agree that the aggregate amount of the Term B Commitments not drawn under the Term B Borrowings on the Amendment No. 10 Effective Date shall be automatically be reduced to $0.
Term B Borrowing. Subject to the terms and conditions set forth herein and in reliance upon the representations and warranties of the Loan Parties set forth herein, each Term B Lender severally and not jointly agrees to make up to two (2) loans to the Borrower, in Dollars, on any Business Day during the Term B Availability Period, in an aggregate amount not to exceed such Term B Lender’s Term B Commitment; provided, that, for the avoidance of doubt, it is understood and agreed that (i) there shall be no more than two (2) Term B Borrowings during the term of this Agreement and (ii) each Term B Borrowing shall be in an amount not to exceed $10,000,000. Each Term B Borrowing shall consist of Term B Loans made simultaneously by the Term B Lenders in accordance with their respective Term B Commitments. Term B Borrowings repaid or prepaid may not be reborrowed.
Term B Borrowing. Subject to the terms and conditions set forth herein, each Term B Lender severally agrees to make a single loan to the Borrower, in Dollars, on any Business Day during the Term B Availability Period, in an aggregate amount not to exceed such Term B Lender’s Term B Commitment; provided, that, for the avoidance of doubt, it is understood and agreed that there shall be no more than one (1) Term B Borrowing during the term of this Agreement. The Term B Borrowing shall consist of Term B Loans made simultaneously by the Term B Lenders in accordance with their respective Term B Commitments. Term B Borrowings repaid or prepaid may not be reborrowed.
Term B Borrowing. The Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 a.m., New York City time, one Business Day prior to the anticipated Restatement Effective Date) requesting that the Term B Lenders make the Term B Loans on the Restatement Effective Date and specifying the amount to be borrowed. The Term B Loans made on the Restatement Effective Date shall initially be ABR Loans, and no Term B Loan may be converted into or continued as a Eurodollar Loan for a period of 10 Business Days (or such lesser period as the Administrative Agent shall consent to in its sole discretion) after the Restatement Effective Date. Upon receipt of such notice the Administrative Agent shall promptly notify each Term B Lender thereof.
Term B Borrowing. To request a Term B Borrowing, the Borrower shall notify the Administrative Agent of such request in writing not later than 11:00 a.m. five (5) Business Days before the date of the proposed Borrowing and submit a Draw Request. Each Draw Request must include the information and documentation required in this Agreement, along with the lien waivers and releases, information, certifications, approvals, instruments, and documents required hereby as a condition to the requested Advance (except the down date endorsement to the Title Insurance must be received by the Administrative Agent prior to the date that the requested Advance is actually made); provided, that if such information and documentation is not delivered prior to or concurrently with such Draw Request, such Draw Request shall be deemed invalid and not made. In each Draw Request, the Borrower must (i) specify the amount of such Draw Request that applies to each Allocation, and (ii) identify all funds being used to pay any portion of the costs reflected in the Draw Request other than the funds being requested to be advanced, and identify the sources and respective amounts from each source of such other funds. A Draw Request must state the date the Advance is requested, which shall be at least five (5) Business Days after Administrative Agent receives the Draw Request. All Draw Requests shall account for the retainage and other withholdings required pursuant to Section 2.10(f). Without limiting any of the other provisions in this Agreement, the Administrative Agent shall not be required to approve any Draw Request or make an Advance if (A) any cost requested in the Draw Request is not set forth in the Budget, (B) the requested amount, when added to all prior Advances and any applicable retention requirements for such line item, would exceed the lesser of (x) the actual cost incurred by the Borrower for such item, or (y) the sum allocated in the Budget for such line item, or (C) an amount is requested directly from a contingency line item. Except as otherwise set forth in this Agreement, all Advances will be made by direct deposit into the Advance Account.
Term B Borrowing. Subject toOn the Amendment No. 14 Effective Date, subject to and in accordance with the terms and conditions set forth hereinof the Amendment No. 14, each Term B Lender severally agrees to makemade (or extended or renewed, as applicable, with respect to term B loans outstanding under this Agreement immediately prior to the Amendment No. 14 Effective Date, such that such term B loans were extended or renewed as Term B Loans hereunder, or a combination thereof) a single loan in Dollars to the Company on the Amendment No. 10 Effective Date in an amount notequal to exceed such Term B Lender’s Term B Commitment. The Term B Borrowing shall consistconsists of Term B Loans made simultaneously by the Term B Lenders in accordance with their respective Term B Commitments, pursuant to the terms of the Amendment No. 14. Amounts borrowed under this Section 2.01(b)the Term B Facility on the Amendment No. 14 Effective Date and repaid or prepaid may not be reborrowed. The Term B Loans made pursuant to the Term B Borrowing under the Amendment No. 14 shall constitute a single Term B Facility. Term B Loans may be Base Rate Loans or Term SOFR Loans, as further provided herein. For the avoidance of doubt, the parties hereto acknowledge and agree that the aggregate amount of the Term B Commitments not drawn under the Term B Borrowings on the Amendment No. 10 Effective Date shall be automatically be reduced to $0.
Term B Borrowing. Subject to Section 2.14 and the other terms and conditions set forth herein (it being understood and agreed, for the avoidance of doubt, that no Lender shall have any Term B Commitment unless and until such Lender agrees thereto in the Term B Facility Joinder Agreement), each Term B Lender severally agrees to make a single loan to the Borrowers, in Dollars, on the effective date of the Term B Facility Joinder Agreement, in an aggregate amount not to exceed such Term B Lender’s Term B Commitment. The Term B Borrowing shall consist of Term B Loans made simultaneously by the Term B Lenders in accordance with their respective Term B Commitments. Term B Borrowings repaid or prepaid may not be reborrowed.
