Common use of Term Borrowing Clause in Contracts

Term Borrowing. Subject to the terms and conditions set forth herein, each Term Lender severally agrees to make (i) a single loan to the Borrower on the Closing Date in an aggregate amount not to exceed $205,000,000 (such loan, the “Closing Date Term Loan”) and (ii) up to seven loans to the Borrower during the Delayed Draw Availability Period in an aggregate amount not to exceed $25,000,000 (and in minimum amounts of $500,000 or a whole multiple of $100,000 in excess thereof) (such loans, in the aggregate, the “Delayed Draw Term Loans”), with such Term Loans by each Term Lender not to exceed such Term Lender’s Closing Date Term Commitment and/or Delayed Draw Term Loan Commitment, as applicable, and commencing on the Second Amendment Effective Date and continuing until the Facility Termination Date, the aggregate principal amount of all Delayed Draw Term Loans outstanding at any one time shall not exceed $15,000,000. Term Loans repaid or prepaid may not be re-borrowed. Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided that any Term Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter not less than three (3) Business Days (or such shorter period as agreed to by the Administrative Agent in its sole discretion) prior to the date of such Term Borrowing. Solely for purposes of this clause (a), in determining the aggregate outstanding principal amount of all Delayed Draw Term Loans, any mandatory or scheduled prepayment of Term Loans made after the Second Amendment Effective Date shall be deemed to have been applied to the Closing Date Term Loan prior to any application to the Delayed Draw Term Loan, notwithstanding the actual application pursuant to Section 2.04(b)(iv) or (vii).

Appears in 1 contract

Samples: Credit Agreement (Charah Solutions, Inc.)

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Term Borrowing. As of the Closing Date, the outstanding principal amount of the “2015 Incremental Term Loan” (as defined in the Existing Credit Agreement) made to the Domestic Borrower is $61,000,000 (the “Outstanding Term Loan Obligations”). Subject to the terms and conditions set forth herein, each Term Lender severally agrees to make (i) a single loan to the Borrower Domestic Borrower, in Dollars, in a single draw on the Closing Date in an aggregate amount not equal to exceed $205,000,000 such Term Lender’s Applicable Percentage of the Term Facility less such Term Lender’s Applicable Percentage of the Outstanding Term Loan Obligations (such loan, the “Closing Date Term LoanLoans) , and (ii) up to seven loans to together with the Borrower during the Delayed Draw Availability Period in an aggregate amount not to exceed $25,000,000 (and in minimum amounts of $500,000 or a whole multiple of $100,000 in excess thereof) (such loans, in the aggregateOutstanding Term Loan Obligations, the “Delayed Draw Term LoansLoan”), with such . The Term Borrowing shall consist of Term Loans made simultaneously by the Term Lenders in accordance with their respective Applicable Percentage of the Term Facility. Subject to the terms and conditions set forth herein, each of the parties hereto hereby agrees (x) that the Outstanding Term Loan Obligations shall be, from and following the Closing Date, continued and reconstituted as a Term Loan made to the Domestic Borrower under this Agreement and (y) that concurrently therewith, by their execution of this Agreement, the Lenders have assigned the preexisting loans among themselves, such that, after giving effect to the transactions contemplated by this Agreement, the Outstanding Term Loan Obligations shall be allocated among the Term Lenders in accordance with their respective Applicable Percentage of the Term Facility. The obligations of each Term Lender hereunder shall be several and not to exceed such Term Lender’s Closing Date Term Commitment and/or Delayed Draw Term Loan Commitment, as applicable, and commencing on the Second Amendment Effective Date and continuing until the Facility Termination Date, the aggregate principal amount of all Delayed Draw Term Loans outstanding at any one time shall not exceed $15,000,000joint. Term Loans Borrowings repaid or prepaid may not be re-borrowedreborrowed. Term Loans may be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein; provided that any Term Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter not less than three (3) Business Days (or such shorter period as agreed to by the Administrative Agent in its sole discretion) prior to the date of such Term Borrowing. Solely for purposes of this clause (a), in determining the aggregate outstanding principal amount of all Delayed Draw Term Loans, any mandatory or scheduled prepayment of Term Loans made after the Second Amendment Effective Date shall be deemed to have been applied to the Closing Date Term Loan prior to any application to the Delayed Draw Term Loan, notwithstanding the actual application pursuant to Section 2.04(b)(iv) or (vii).

Appears in 1 contract

Samples: Credit Agreement (Diodes Inc /Del/)

Term Borrowing. Subject to the terms and conditions set forth herein, (i) each Term Lender severally agrees to make (i) a single loan (each such loan, a “Term A Loan”) to the Borrower Borrower, in Dollars, on the Closing Date in an amount not to exceed such Term Lender’s Applicable Percentage of the Term A Facility; and (ii) each Term Lender severally agrees to make up to three (3) loans (each such loan, a “Delayed Draw Term A Loan”) to the Borrower, in Dollars, from time to time on any Business Day during the Availability Period for the Delay Draw Term A Facility, in an aggregate amount not to exceed $205,000,000 (such loan, the “Closing Date Term Loan”) and (ii) up to seven loans to the Borrower during the Delayed Draw Availability Period in an aggregate amount not to exceed $25,000,000 (and in minimum amounts of $500,000 or a whole multiple of $100,000 in excess thereof) (such loans, in the aggregate, the “Delayed Draw Term Loans”), with such Term Loans by each Term Lender not to exceed such Term Lender’s Closing Date Term Commitment and/or Applicable Percentage of the Delayed Draw Term Loan CommitmentA Facility. Each Term Borrowing shall consist of Term Loans made simultaneously by the Term Lenders in accordance with their respective Applicable Percentage of the Term A Facility or the Delayed Draw Term A Facility, as applicable, and commencing on the Second Amendment Effective Date and continuing until the Facility Termination Date, the aggregate principal amount of all Delayed Draw Term Loans outstanding at any one time shall not exceed $15,000,000. Term Loans Borrowings repaid or prepaid may not be re-borrowedreborrowed. Term Loans may be Base Rate Loans or Eurodollar Rate Term SOFR Loans, as further provided herein; provided that provided, however, any Term Loans Borrowing made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter not less than three (3) Business Days (or such shorter period as agreed to by the Administrative Agent in its sole discretion) prior to the date of such Term Borrowing. Solely for purposes of this clause (ab), in determining the aggregate outstanding principal amount of all Delayed Draw Term Loans, any mandatory or scheduled prepayment of Term Loans made after the Second Amendment Effective Date shall be deemed to have been applied to the Closing Date Term Loan prior to any application to the Delayed Draw Term Loan, notwithstanding the actual application pursuant to Section 2.04(b)(iv) or (vii).

Appears in 1 contract

Samples: Credit Agreement (Ameresco, Inc.)

Term Borrowing. Subject to the terms and conditions set forth herein, each Term Lender severally agrees to make (i) a single loan to the Borrower on (each such loan and each loan, if any, made under the Closing Date in an aggregate amount not Incremental Term Commitments, referred to exceed $205,000,000 (such loanindividually as a “Term Loan” and, collectively, the “Closing Date Term Loan”) and (ii) up to seven loans to the Borrower during the Delayed Draw Availability Period in an aggregate amount not to exceed $25,000,000 (and in minimum amounts of $500,000 or a whole multiple of $100,000 in excess thereof) (such loans, in the aggregate, the “Delayed Draw Term Loans”), with such in Dollars, on any Business Day during the Availability Period for the Term Loans by each Term Lender not Facility, in an aggregate amount equal to exceed such Term Lender’s Closing Date Term Commitment. In addition, in the event of the establishment of one or more Incremental Term Commitments as provided in Section 2.17, each Incremental Term Lender hereby severally agrees, on the terms and subject to the conditions of this Agreement, to make a single Term Loan to the Borrower on the effective date of the establishment of each such Incremental Term Commitment, in a principal amount equal to such Incremental Term Lender’s (i) increase to its Term Commitment and/or Delayed Draw or (ii) Term Loan Commitment, as applicable, and commencing on . Each Term Borrowing shall consist of Term Loans made simultaneously by the Second Amendment Effective Date and continuing until Term Lenders. After giving effect to each Term Loan the Facility Termination Date, the aggregate principal amount Outstanding Amount of all Delayed Draw Term Loans outstanding at any one time shall not exceed $15,000,000the Term Facility as then in effect. Term Loans repaid Borrowings prepaid or prepaid repaid, in whole or in part, may not be re-borrowedreborrowed. Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided that provided, however, any Term Loans Borrowing made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter not less than three (3) Business Days (or such shorter period as agreed to by the Administrative Agent in its sole discretion) prior to the date of such Term Borrowing. Solely for purposes of this clause (a), in determining the aggregate outstanding principal amount of all Delayed Draw Term Loans, any mandatory or scheduled prepayment of Term Loans made after the Second Amendment Effective Date shall be deemed to have been applied to the Closing Date Term Loan prior to any application to the Delayed Draw Term Loan, notwithstanding the actual application pursuant to Section 2.04(b)(iv) or (vii).

Appears in 1 contract

Samples: Credit Agreement (Health Care Reit Inc /De/)

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Term Borrowing. As of the Closing Date, the outstanding principal amount of the “Term Loan” (as defined in the Existing Credit Agreement) made to the Borrower is $255,000,000 (the “Outstanding Term Loan Obligations”). Subject to the terms and conditions set forth herein, each Term Lender severally agrees to make (i) a single loan to the Borrower Borrower, in Dollars, in a single draw on the Closing Date in an aggregate amount not equal to exceed $205,000,000 such Term Lender’s Applicable Percentage of the Term Facility less such Term Lender’s Applicable Percentage of the Outstanding Term Loan Obligations (such loan, the “Closing Date Term Loans”, and together with the Outstanding Term Loan Obligations, the “Term Loan”). The Term Borrowing shall consist of Term Loans made simultaneously by the Term Lenders in accordance with their respective Applicable Percentage of the Term Facility. Subject to the terms and conditions set forth herein, each of the parties hereto hereby agrees (x) that the Outstanding Term Loan Obligations shall be, from and (ii) up to seven loans following the Closing Date, continued and reconstituted as a Term Loan made to the Borrower during the Delayed Draw Availability Period in an aggregate amount not to exceed $25,000,000 under this Agreement and (and in minimum amounts y) that concurrently therewith, by their execution of $500,000 or a whole multiple of $100,000 in excess thereof) (such loans, in the aggregatethis Agreement, the “Delayed Draw Term Loans”)Lenders have assigned the preexisting loans among themselves, with such Term Loans that, after giving effect to the transactions contemplated by each Term Lender not to exceed such Term Lender’s Closing Date Term Commitment and/or Delayed Draw this Agreement, the Outstanding Term Loan Commitment, as applicable, and commencing on Obligations shall be allocated among the Second Amendment Effective Date and continuing until Term Lenders in accordance with their respective Applicable Percentage of the Facility Termination Date, the aggregate principal amount of all Delayed Draw Term Loans outstanding at any one time shall not exceed $15,000,000Facility. Term Loans Borrowings repaid or prepaid may not be re-borrowedreborrowed. Term Loans may be Base Rate Loans or Eurodollar Rate Term SOFR Loans, as further provided herein; provided that provided, however, any Term Loans Borrowing made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter not less than three (3) Business Days (or such shorter period as agreed to by the Administrative Agent in its sole discretion) prior to the date of such Term BorrowingClosing Date. Solely for purposes of this clause (ab), in determining the aggregate outstanding principal amount of all Delayed Draw Term Loans, any mandatory or scheduled prepayment of Term Loans made after the Second Amendment Effective Date shall be deemed to have been applied to the Closing Date Term Loan prior to any application to the Delayed Draw Term Loan, notwithstanding the actual application pursuant to Section 2.04(b)(iv) or (vii).

Appears in 1 contract

Samples: Credit Agreement (Alamo Group Inc)

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