Common use of Term Borrowings Clause in Contracts

Term Borrowings. Subject to the terms and conditions set forth herein, each Term Lender severally agrees to make to the Borrower on the Closing Date one or more Initial Term Loans denominated in Dollars in an aggregate principal amount equal to such Term Lender’s Term B Commitment on the Closing Date. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed. The Initial Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective Date, each Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Term Loans (i) shall not exceed, for any such Lender, the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed.

Appears in 2 contracts

Samples: Incremental Amendment (American Tire Distributors Holdings, Inc.), Incremental Amendment (ATD Corp)

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Term Borrowings. (a) Subject to the terms and conditions set forth hereinin Section 4.01 hereof, each Term Lender severally agrees to make to the Borrower on the Closing Date one or more Initial Closing Date Term Loans denominated in Dollars in an aggregate principal amount equal to such Term Lender’s Closing Date Term B Loan Commitment on the Closing Date. Amounts borrowed under this Section 2.01 2.01(1)(a) and repaid or prepaid may not be reborrowed. The Initial Closing Date Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. . (b) Subject to and upon the terms and conditions set forth in Incremental Amendment Nx. 0, xxxx 0000 Xxxxxxxxxxx Xxxx Lender severally agrees to make to the Borrower on the Amendment No. 1, 1 Effective Date one or more 2020 Incremental Term Loans denominated in Dollars in an aggregate principal amount equal to such 2020 Incremental Term Lender’s 2020 Incremental Term Loan Commitment on the Incremental Amendment No. 1 Effective Date, each Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan . Amounts borrowed under this Section 2.01(1)(b) and repaid or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Term Loans (i) shall prepaid may not exceed, for any such Lender, the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitmentbe reborrowed. The Initial Term Loans and New 2014 2020 Incremental Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. (c) Subject to the terms and conditions set forth in Amendment Nx. Amounts borrowed under this Section 2.01 and repaid 0, xxxx 0000 Xxxxxxxxxxx Xxxx Lender severally agrees to make to the Borrower on the Amendment No. 2 Effective Date one or prepaid may not be reborrowed.more 2021 Incremental Term Loans denominated in Dollars in an aggregate principal amount equal to such 2021 Incremental Term Lender’s 2021 Incremental Term Loan Commitment on the Amendment No. 2

Appears in 1 contract

Samples: First Lien Credit Agreement (Convey Holding Parent, Inc.)

Term Borrowings. (a) Subject to the terms and conditions set forth hereinin Section 4.01 hereof, each Term Lender severally agrees to make to the Borrower on the Closing Date one or more Initial Closing Date Term Loans denominated in Dollars in an aggregate principal amount equal to such Term Lender’s Closing Date Term B Loan Commitment on the Closing Date. Amounts borrowed under this Section 2.01 2.01(1)(a) and repaid or prepaid may not be reborrowed. The Initial Closing Date Term Loans may be Base Rate Loans or EurodollarTerm SOFR Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth in Amendment Nx. 0, xxxx 0000 Xxxxxxxxxxx Xxxx Lender severally agrees to make to the Borrower on the Amendment No. 1 Effective Date one or more 2020 Incremental Term Loans denominated in Dollars in an aggregate principal amount equal to such 2020 Incremental Term Lender’s 2020 Incremental Term Loan Commitment on the Amendment No. 1 Effective Date. Amounts borrowed under this Section 2.01(1)(b) and repaid or prepaid may not be reborrowed. The 2020 Incremental Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. . (c) Subject to and upon the terms and conditions set forth in Incremental Amendment NoNx. 10, on the Incremental Amendment No. 1 Effective Date, each xxxx 0000 Xxxxxxxxxxx Xxxx Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing on the Amendment No. 2 Effective Date one or more 2021 Incremental Term Loans denominated in Dollars, which New 2014 Initial Dollars in an aggregate principal amount equal to such 2021 Incremental Term Loans (i) shall not exceed, for any such Lender, the New 2014 Initial ’s 2021 Incremental Term Loan Commitment of such Lender and (ii) shall not exceed, in on the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed.2

Appears in 1 contract

Samples: First Lien Credit Agreement (Convey Health Solutions Holdings, Inc.)

Term Borrowings. Subject to the terms and conditions expressly set forth herein, (i) each Term Lender with an Initial Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Closing Date one or more Initial Term Loans denominated in Dollars in an aggregate principal amount equal not to exceed the amount of such Term Lender’s Initial Dollar Term B Commitment, (ii) each Term Lender with an Initial B-1 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Closing Date. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed. The Initial Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective DateDate in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Dollar Term Commitment, (iii) each Term Lender having a New 2014 with an Initial B-2 Dollar Term Loan Commitment severally agrees to make a loan or term loans denominated in Dollars to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Term Loans (i) shall not exceed, for any such Lender, on the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 12 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-2 Dollar Term Commitment, on a single Business Day (the “Delayed Draw Borrowing Date”iv) during the 2014 Delayed Draw each Term Loan Availability Period, each Lender having a New 2014 Delayed Draw with an Initial B-3 Dollar Term Loan Commitment severally agrees to make a loan or term loans denominated in Dollars to the Borrower on the Amendment No. 3 Effective Date in a single drawing an aggregate amount not to exceed the amount of such Term Lender’s Initial B-3 Dollar Term Commitment, (v) each Term Lender with an Initial Euro Term Commitment severally agrees to make term loans denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall Euro to the Borrower on the Closing Date in an aggregate amount not exceed, for any such Lender, to exceed the New 2014 Delayed Draw Term Loan Commitment amount of such Term Lender’s Initial Euro Term Commitment, (vi) each Term Lender with an Initial B-1 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Euro Term Commitment, (vii) each Term Lender with an Initial B-2 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 2 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-2 Euro Term Commitment and (iiviii) shall each Term Lender with an Initial B-3 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 3 Effective Date in an aggregate amount not exceed, in to exceed the aggregate, the Total New 2014 Delayed Draw amount of such Term Loan Lender’s Initial B-3 Euro Term Commitment. The Initial Term Loans and New 2014 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Avantor, Inc.)

Term Borrowings. Subject to the terms and conditions expressly set forth herein, (i) each Term Lender with an Initial Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Closing Date one or more Initial Term Loans denominated in Dollars in an aggregate principal amount equal not to exceed the amount of such Term Lender’s Initial Dollar Term B Commitment, (ii) each Term Lender with an Initial B-1 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Dollar Term Commitment, (iii) each Term Lender with an Initial B-2 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 2 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-2 Dollar Term Commitment, (iv) each Term Lender with an Initial B-3 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 3 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-3 Dollar Term Commitment, (v) each Term Lender with an Incremental B-4 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Incremental B-4 Dollar Term Loan Amendment Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Incremental B-4 Dollar Term Commitment, (vi) each Term Lender with an Initial Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Closing DateDate in an aggregate amount not to exceed the amount of such Term Lender’s Initial Euro Term Commitment, (vii) each Term Lender with an Initial B-1 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Euro Term Commitment, (viii) each Term Lender with an Initial B-2 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 2 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-2 Euro Term Commitment, (ix) each Term Lender with an Initial B-23 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 23 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-23 Euro Term Commitment, (x) each Term Lender with an Incremental B-4 Euro Term Commitment severally agrees to make term loans denominated in Euros to the Borrower on the Amendment No. 6 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Incremental B-4 Euro Term Commitment and (ixxi) each Term Lender with an InitialIncremental B-35 Euro Term Commitment severally agrees to make term loans denominated in EuroEuros to the Borrower on the Amendment No. 36 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s InitialIncremental B-35 Euro Term Commitment. Amounts borrowed under this Section 2.01 2.01(a) and repaid or prepaid may not be reborrowedre-borrowed. The Initial Dollar Term Loans may be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective Date, each Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Euro Term Loans (i) shall not exceed, for any such Lender, the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may will be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 The Borrower shall pay all accrued and repaid or prepaid may unpaid interest on the Initial Dollar Term Loans and the Initial Euro Term Loans, in each case, to the Term Lenders to, but not be reborrowed.including, the Amendment No. 1 Effective Date on such Amendment No. 1

Appears in 1 contract

Samples: Credit Agreement (Avantor, Inc.)

Term Borrowings. Subject to the terms and conditions expressly set forth herein, (i) each Term Lender with an Initial Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Closing Date one or more Initial Term Loans denominated in Dollars in an aggregate principal amount equal not to exceed the amount of such Term Lender’s Initial Dollar Term B Commitment and, (ii) each Term Lender with an Initial B-1 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Dollar Term Commitment, (iii) each Term Lender with an Initial Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Closing DateDate in an aggregate amount not to exceed the amount of such Term Lender’s Initial Dollar TermEuro Term Commitment and (iv) each Term Lender with an Initial B-1 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Euro Term Commitment. Amounts borrowed under this Section 2.01 2.01(a) and repaid or prepaid may not be reborrowedre-borrowed. The Initial Dollar Term Loans may be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective Date, each Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Euro Term Loans (i) shall not exceed, for any such Lender, the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may will be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 The Borrower shall pay all accrued and repaid or prepaid may unpaid interest on the Initial Dollar Term Loans and the Initial Euro Term Loans, in each case, to the Term Lenders to, but not be reborrowed.including, the Amendment No. 1 Effective Date on such Amendment No. 1

Appears in 1 contract

Samples: Credit Agreement (Avantor, Inc.)

Term Borrowings. Subject to the terms and conditions expressly set forth herein, (i) each Term Lender with an Initial Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Closing Date one or more Initial Term Loans denominated in Dollars in an aggregate principal amount equal not to exceed the amount of such Term Lender’s Initial Dollar Term B Commitment, (ii) each Term Lender with an Initial B-1 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Dollar Term Commitment, (iii) each Term Lender with an Initial B-2 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 2 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-2 Dollar Term Commitment, (iv) each Term Lender with an Initial Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Closing DateDate in an aggregate amount not to exceed the amount of such Term Lender’s Initial Euro Term Commitment and (iv, (v) each Term Lender with an Initial B-1 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Euro Term Commitment and (vi) each Term Lender with an Initial B-12 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 12 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-12 Euro Term Commitment. Amounts borrowed under this Section 2.01 2.01(a) and repaid or prepaid may not be reborrowedre-borrowed. The Initial Dollar Term Loans may be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective Date, each Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Euro Term Loans (i) shall not exceed, for any such Lender, the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may will be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 The Borrower shall pay all accrued and repaid or prepaid may unpaid interest on the Initial Dollar Term Loans and the Initial Euro Term Loans, in each case, to the Term Lenders to, but not be reborrowed.including, the Amendment No. 1 Effective Date on such Amendment No. 1

Appears in 1 contract

Samples: Credit Agreement (Avantor, Inc.)

Term Borrowings. (a) Subject to the terms and conditions set forth hereinin Section 4.01 hereof, each USD Term Lender severally agrees to make to the Borrower on the Closing Date one or more Initial Closing Date USD Term Loans denominated in Dollars in an aggregate principal amount equal to such USD Term Lender’s Closing Date USD Term B Loan Commitment on the Closing Date. Amounts borrowed under this Section 2.01 2.01(1)(a) and repaid or prepaid may not be reborrowed. The Closing Date USD Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth in Section 4.01 hereof, each Euro Term Lender severally agrees to make to the Borrower on the Closing Date one or more Closing Date Euro Term Loans denominated in Euros in an aggregate principal amount equal to such Euro Term Lender’s Closing Date Euro Term Loan Commitment on the Closing Date. Amounts borrowed under this Section 2.01(1)(b) and repaid or prepaid may not be reborrowed. The Closing Date Euro Term Loans shall be EURIBOR Rate Loans. (c) Subject to the terms and conditions set forth in the First Amendment, each Initial Incremental USD Term Lender severally agrees to make to the Borrower on the First Amendment Effective Date one or more Initial Incremental Term Loans denominated in Dollars in an aggregate principal amount equal to such Initial Incremental USD Term Lender’s Initial Incremental USD Term Loan Commitment. Amounts borrowed under this Section 2.01(1)(c) and repaid or prepaid may not be reborrowed. The Initial Incremental USD Term Loans may be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein. For the avoidance of doubt, from and after the First Amendment Effective Date, the Initial Incremental USD Term Loans shall constitute Closing Date USD Term Loans and be of the same Class as the Closing Date USD Term Loans. (d) Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective DateFirst Amendment, each Initial Incremental Euro Term Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing on the First Amendment Effective Date one or more Initial Incremental Euro Term Loans denominated in Dollars, which New 2014 Euros in an aggregate principal amount equal to such Initial Incremental Term Loans (i) shall not exceed, for any such Lender, the New 2014 ’s Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Incremental Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 2.01(1)(d) and repaid or prepaid may not be reborrowed. The Initial Incremental Euro Term Loans shall be EURIBOR Rate Loans. For the avoidance of doubt, from and after the First Amendment Effective Date, the Initial Incremental Euro Term Loans shall constitute Closing Date Euro Term Loans and be of the same Class as the Closing Date Euro Term Loans.” (g) Section 2.02(2) of the Credit Agreement is hereby amended and restated in its entirety as follows:

Appears in 1 contract

Samples: First Lien Credit Agreement (McAfee Corp.)

Term Borrowings. (a) Subject to the terms and conditions set forth hereinin Section 4.01 hereof, each Term Lender severally agrees to make to the Borrower on the Closing Date one or more Initial Closing Date Term Loans denominated in Dollars in an aggregate principal amount equal to such Term Lender’s Closing Date Term B Loan Commitment on the Closing Date. Amounts borrowed under this Section 2.01 2.01(1)(a) and repaid or prepaid may not be reborrowed. The Initial Closing Date Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. . (b) Subject to and upon the terms and conditions set forth in Incremental Amendment Nx. 0, xxxx 0000 Xxxxxxxxxxx Xxxx Lender severally agrees to make to the Borrower on the Amendment No. 1, 1 Effective Date one or more 2020 Incremental Term Loans denominated in Dollars in an aggregate principal amount equal to such 2020 Incremental Term Lender’s 2020 Incremental Term Loan Commitment on the Incremental Amendment No. 1 Effective Date, each Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan . Amounts borrowed under this Section 2.01(1)(b) and repaid or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Term Loans (i) shall prepaid may not exceed, for any such Lender, the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitmentbe reborrowed. The Initial Term Loans and New 2014 2020 Incremental Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. (c) Subject to the terms and conditions set forth in Amendment Nx. 0, xxxx 0000 Xxxxxxxxxxx Xxxx Lender severally agrees to make to the Borrower on the Amendment No. 2 Effective Date one or more 2021 Incremental Term Loans denominated in Dollars in an aggregate principal amount equal to such 2021 Incremental Term Lender’s 2021 Incremental Term Loan Commitment on the Amendment No. 2 Effective Date. Amounts borrowed under this Section 2.01 2.01(1)(c) and repaid or prepaid may not be reborrowed. The 2021 Incremental Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. (d) Subject to the terms and conditions set forth in Amendment Nx. 0, xxxx 0000 Xxxxxxxxxxx Xxxx Lender severally agrees to make to the Borrower on the Amendment No. 5 Effective Date one or more 2022 Incremental Term Loans denominated in Dollars in an aggregate principal amount equal to such 2022 Incremental Term Lender’s 2022 Incremental Term Loan Commitment on the Amendment No. 5

Appears in 1 contract

Samples: First Lien Credit Agreement (Convey Health Solutions Holdings, Inc.)

Term Borrowings. (a) The Term Borrowing shall be made upon Borrower Agent’s irrevocable notice to the Administrative Agent, which may be given by “pdf” or similar electronic format, in the form of the Committed Loan Notice attached hereto as Exhibit A. The Committed Loan Notice must be received by the Administrative Agent not later than 12:00 p.m., New York City time, one Business Day prior to (or such shorter time as agreed by the Administrative Agent) the requested date of the Term Borrowing. (b) Following receipt of a Committed Loan Notice by the Administrative Agent and subject to the satisfaction of the conditions set forth in Sections 4.01 and 4.03, each Lender shall make the amount of its Applicable Percentage under the Term Facility of the Term Borrowing (net of original issue discount pursuant to Section 2.07(c)) available to the Administrative Agent in immediately available funds at the Administrative Agent’s Office not later than 12:00 p.m., New York City time, on the Business Day specified in the applicable Committed Loan Notice, which shall be no later than two Business Days after the Interim Bankruptcy Court Order Entry Date. (c) Unless the Required Lenders determine that any applicable condition specified in Article 4 has not been satisfied, the amount so received by the Administrative Agent shall on the date of the Term Borrowing be applied by the Administrative Agent to pay all fees and expenses then due and payable under Section 2.07(a) and Section 12.04 and the amount net of such applied amount shall be deposited by the Administrative Agent in the DIP Term Loan Funding Account. (d) Subject to Article 4 and the other terms and conditions set forth herein, each the Borrower Agent may request disbursements from the DIP Term Lender severally agrees to make Loan Funding Account by delivering to the Borrower on Administrative Agent a written notice substantially in the Closing Date form of Exhibit B hereto (a “Notice of Withdrawal”), not later than 12:00 p.m., New York City time, one Business Day before (or more Initial such shorter time as agreed by the Administrative Agent) the proposed date of the applicable Withdrawal. Promptly upon the receipt of a Notice of Withdrawal and the satisfaction of the conditions set forth in Sections 4.02 and 4.03, the Administrative Agent shall disburse funds from the DIP Term Loans denominated in Dollars Loan Funding Account in an aggregate principal amount equal to the amount specified in such Notice of Withdrawal to the Segregated Operating Account. All proceeds of the Term Lender’s Loan shall be held in the DIP Term B Commitment on the Closing Date. Amounts borrowed under Loan Funding Account at all times until such proceeds are disbursed in accordance with this Section 2.01 2.02(d) for purposes permitted under Section 6.10 or applied in accordance with Section 2.05 or Section 8.03 or Section 10.05(d) and repaid or prepaid may not be reborrowed(e). The Initial Borrowers and the other Loan Parties shall have no property interest of any kind in the DIP Term Loan Funding Account and the funds held therein. (e) The Administrative Agent shall promptly notify Borrower Agent and the Lenders of the interest rate applicable to any Interest Period for Eurodollar Rate Loans may be upon determination of such interest rate. At any time that Base Rate Loans are outstanding, the Administrative Agent shall notify Borrower Agent and the Lenders of any change in the Prime Rate used in determining the Base Rate promptly following the public announcement of such change. (f) The Administrative Agent may honor instructions received from the Borrower Agent in the form of a Notice of Withdrawal unless and until directed otherwise in writing by the Required Lenders. On and after the date of receipt by the Administrative Agent of a written direction from the Required Lenders instructing the Administrative Agent that it may no longer honor instructions from the Borrower Agent with respect to the DIP Term Loan Funding Account, the Borrower Agent and the other Loan Parties shall have no right to request Withdrawals from the DIP Term Loan Funding Account and the Administrative Agent shall not honor such requests (in each case, other than to pay any amounts due and payable in accordance with Section 10.05(e)); provided, however, that the Administrative Agent shall not be liable for (i) any disbursements made pursuant to instructions from the Borrower Agent or Eurodollar Rate Loans(ii) irrevocable electronic funds transfers or wire transfers that are subject to cut-off times, as further provided herein. Subject in each case, that were processed prior to receipt of such written direction from the Required Lenders. (g) Each submission by the Borrower Agent to the Administrative Agent of a Notice of Withdrawal shall be deemed to constitute a representation and upon warranty by the terms and Borrower Agent, on behalf of the Borrowers, that the conditions set forth in Incremental Amendment NoSection 4.02 and Section 4.03 have been satisfied as of the date of the Withdrawal. 1With respect to any disbursement, on withdrawal, transfer, or application of funds from the Incremental Amendment No. 1 Effective Date, each Lender having a New 2014 Initial DIP Term Loan Commitment severally agrees Funding Account hereunder, the Administrative Agent shall be entitled to make a loan or loans to the Borrower conclusively rely upon, and shall be fully protected in a single drawing denominated in Dollarsrelying upon, which New 2014 Initial Term Loans (i) shall not exceed, for any such Lender, Notice of Withdrawal submitted by the New 2014 Initial Term Loan Commitment of such Lender Borrower Agent and (ii) any instructions from the Required Lenders. Notwithstanding anything herein to the contrary, the Administrative Agent shall not exceed, have no obligation to fund any amount in excess of the amounts then held in the aggregate, the Total New 2014 Initial DIP Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowedFunding Account.

Appears in 1 contract

Samples: Debtor in Possession Term Loan Agreement (EveryWare Global, Inc.)

Term Borrowings. Subject to the terms and conditions expressly set forth herein, (i) each Term Lender with an Initial Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Closing Date one or more Initial Term Loans denominated in Dollars in an aggregate principal amount equal not to exceed the amount of such Term Lender’s Initial Dollar Term B Commitment, (ii) each Term Lender with an Initial B-1 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Dollar Term Commitment, (iii) each Term Lender with an Initial B-2 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 2 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-2 Dollar Term Commitment, (iv) each Term Lender with an Initial B-3 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 3 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-3 Dollar Term Commitment, (v) each Term Lender with an Initial B-4 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 7 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-4 Dollar Term Commitment, (vi) each Term Lender with an Incremental B-4 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Incremental B-4 Dollar Term Loan Amendment Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Incremental B-4 Dollar Term Commitment, (vivii) each Term Lender with an Incremental B-5 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 7 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Incremental B-5 Dollar Term Commitment, (viii) each Term Lender with an Initial Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Closing DateDate in an aggregate amount not to exceed the amount of such Term Lender’s Initial Euro Term Commitment, (viiix) each Term Lender with an Initial B-1 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Euro Term Commitment, (viiix) each Term Lender with an Initial B-2 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 2 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-2 Euro Term Commitment, (ixxi) each Term Lender with an Initial B-3 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 3 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-3 Euro Term Commitment, (xxii) each Term Lender with an Incremental B-4 Euro Term Commitment severally agrees to make term loans denominated in Euros to the Borrower on the Amendment No. 6 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Incremental B-4 Euro Term Commitment and (xixiii) each Term Lender with an Incremental B-5 Euro Term Commitment severally agrees to make term loans denominated in Euros to the Borrower on the Amendment No. 6 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Incremental B-5 Euro Term Commitment. Amounts borrowed under this Section 2.01 2.01(a) and repaid or prepaid may not be reborrowedre-borrowed. The Initial Dollar Term Loans may be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective Date, each Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Term Loans (i) shall not exceed, for any such Lender, the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed.Initial

Appears in 1 contract

Samples: Credit Agreement (Avantor, Inc.)

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Term Borrowings. Subject to the terms and conditions expressly set forth herein, (i) each Term Lender with an Initial Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Closing Date one or more Initial Term Loans denominated in Dollars in an aggregate principal amount equal not to exceed the amount of such Term Lender’s Initial Dollar Term B Commitment, (ii) each Term Lender with an Initial B-1 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Closing Date. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed. The Initial Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective DateDate in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Dollar Term Commitment, (iii) each Term Lender having a New 2014 with an Initial B-2 Dollar Term Loan Commitment severally agrees to make a loan or term loans denominated in Dollars to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Term Loans (i) shall not exceed, for any such Lender, on the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 12 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-2 Dollar Term Commitment, on a single Business Day (the “Delayed Draw Borrowing Date”iv) during the 2014 Delayed Draw each Term Loan Availability Period, each Lender having a New 2014 Delayed Draw with an Initial B-3 Dollar Term Loan Commitment severally agrees to make a loan or term loans denominated in Dollars to the Borrower on the Amendment No. 3 Effective Date in a single drawing an aggregate amount not to exceed the amount of such Term Lender’s Initial B-3 Dollar Term Commitment, (v) each Term Lender with an Initial Euro Term Commitment severally agrees to make term loans denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall Euro to the Borrower on the Closing Date in an aggregate amount not exceed, for any such Lender, to exceed the New 2014 Delayed Draw Term Loan Commitment amount of such Term Lender’s Initial Euro Term Commitment, (v) each Term Lender with an Initial B-1 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Euro Term Commitment and (iivi) shall each Term Lender with an Initial B-21 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 21 Effective Date in an aggregate amount not exceedto exceed the amount of such Term Lender’s Initial B-21 Euro Term Commitment, (vii) each Term Lender with an Initial B-2 Euro Term Commitment severally agrees to make term loans denominated in Euro to the aggregate, Borrower on the Total New 2014 Delayed Draw Amendment No. 2 Effective Date in an aggregate amount not to exceed the amount of such Term Loan Commitment. The Lender’s Initial B-2 Euro Term Loans Commitment and New 2014 (viii) each Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed.Lender with an Initial B-3 Euro Term Commitment severally agrees to make term loans

Appears in 1 contract

Samples: Credit Agreement (Avantor, Inc.)

Term Borrowings. (a) Subject to the terms and conditions set forth hereinin Section 4.01 hereof, each USD Term Lender severally agrees to make to the Borrower on the Closing Date one or more Initial Closing Date USD Term Loans denominated in Dollars in an aggregate principal amount equal to such USD Term Lender’s Closing Date USD Term B Loan Commitment on the Closing Date. Amounts borrowed under this Section 2.01 2.01(1)(a) and repaid or prepaid may not be reborrowed. The Closing Date USD Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth in Section 4.01 hereof, each Euro Term Lender severally agrees to make to the Borrower on the Closing Date one or more Closing Date Euro Term Loans denominated in Euros in an aggregate principal amount equal to such Euro Term Lender’s Closing Date Euro Term Loan Commitment on the Closing Date. Amounts borrowed under this Section 2.01(1)(b) and repaid or prepaid may not be reborrowed. The Closing Date Euro Term Loans shall be EURIBOR Rate Loans. (c) Subject to the terms and conditions set forth in the First Amendment, each Initial Incremental USD Term Lender severally agrees to make to the Borrower on the First Amendment Effective Date one or more Initial Incremental Term Loans denominated in Dollars in an aggregate principal amount equal to such Initial Incremental USD Term Lender’s Initial Incremental USD Term Loan Commitment. Amounts borrowed under this Section 2.01(1)(c) and repaid or prepaid may not be reborrowed. The Initial Incremental USD Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. For the avoidance of doubt, from and after the First Amendment Effective Date, the Initial Incremental USD Term Loans shall constitute Closing Date USD Term Loans and be of the same Class as the Closing Date USD Term Loans. (d) Subject to the terms and conditions set forth in the First Amendment, each Initial Incremental Euro Term Lender severally agrees to make to the Borrower on the First Amendment Effective Date one or more Initial Incremental Euro Term Loans denominated in Euros in an aggregate principal amount equal to such Initial Incremental Term Lender’s Initial Incremental Term Loan Commitment. Amounts borrowed under this Section 2.01(1)(d) and repaid or prepaid may not be reborrowed. The Initial Incremental Euro Term Loans shall be EURIBOR Rate Loans. For the avoidance of doubt, from and after the First Amendment Effective Date, the Initial Incremental Euro Term Loans shall constitute Closing Date Euro Term Loans and be of the same Class as the Closing Date Euro Term Loans. (i) The Additional Term B USD Lender agrees to make a term loan to the Borrower in Dollars (a “Term B USD Loan” (which term shall include the term loans established pursuant to clause (ii) below)) on the Second Amendment Effective Date in a principal amount equal to its Additional Term B USD Commitment and (ii) each Converted Closing Date USD Term Loan held by each Second Amendment Consenting Lender shall be converted into a Term B USD Loan of such Lender effective as of the Second Amendment Effective Date in a principal amount equal to the principal amount of such Lender’s Converted Closing Date USD Term Loan immediately prior to such conversion. The Term B USD Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Subject Notwithstanding anything to the contrary contained herein, the Term B USD Loans will initially be Eurodollar Rate Loans with an Interest Period equal to the unexpired portion of the Interest Period applicable to the Closing Date USD Term Loans immediately prior to the Second Amendment Effective Date and upon with a Eurodollar Rate equal to the rate per annum for such Interest Period applicable to the Closing Date USD Term Loans immediately prior to the Second Amendment Effective Date. (i) The Additional Term B Euro Lender agrees to make a term loan to the Borrower in Euros (a “Term B Euro Loan” (which term shall include the term loans established pursuant to clause (ii) below and any Term B Euro Incremental Loans incurred pursuant to clause (g) below)) on the Second Amendment Effective Date in a principal amount equal to its Additional Term B Euro Commitment and (ii) each Converted Closing Date Euro Term Loan held by each Second Amendment Consenting Lender shall be converted into a Term B Euro Loan of such Lender effective as of the Second Amendment Effective Date in a principal amount equal to the principal amount of such Lender’s Converted Closing Date Euro Term Loan immediately prior to such conversion. The Term B Euro Loans may be EURIBOR Rate Loans, as further provided herein. Notwithstanding anything to the contrary contained herein, the Term B Euro Loans will initially be EURIBOR Rate Loans with an Interest Period equal to the unexpired portion of the Interest Period applicable to the Closing Date Euro Term Loans immediately prior to the Second Amendment Effective Date and with a EURIBOR Rate equal to the rate per annum for such Interest Period applicable to the Closing Date Euro Term Loans immediately prior to the Second Amendment Effective Date. (g) Immediately following the incurrence of the Term B Euro Loans incurred pursuant to clause (f) above, subject to the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective DateSecond Amendment, each Term B Euro Incremental Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing on the Second Amendment Effective Date one or more Term B Euro Incremental Loans denominated in DollarsEuros in an aggregate principal amount equal to such Term B Euro Incremental Lender’s Term B Euro Incremental Commitment. Amounts borrowed under this Section 2.01(1)(g) and repaid or prepaid may not be reborrowed. The Term B Euro Incremental Loan shall be EURIBOR Rate Loans. For the avoidance of doubt, which New 2014 Initial Term Loans (i) shall not exceed, for any such Lenderfrom and after the Second Amendment Effective Date, the New 2014 Initial Term Loan Commitment B Euro Incremental Loans shall constitute Term B Euro Loans and be of such Lender and the same Class as the Term B Euro Loans. (iih) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability PeriodThird Amendment, each 2019 Term B USD Incremental Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing on the Third Amendment Effective Date one or more 2019 Term B USD Incremental Loans denominated in Dollars, which New 2014 Delayed Draw Dollars in an aggregate principal amount equal to such 2019 Term Loans (i) shall not exceed, for any such B USD Incremental Lender, the New 2014 Delayed Draw ’s 2019 Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan B USD Incremental Commitment. Amounts borrowed under this Section 2.01(1)(h) and repaid or prepaid may not be reborrowed. The Initial 2019 Term Loans and New 2014 Term B USD Incremental Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. For the avoidance of doubt, from and after the Third Amendment Effective Date, the 2019 Term B USD Incremental Loans shall constitute Term B USD Loans and be of the same Class as the Term B USD Loans. Notwithstanding anything to the contrary contained herein, the 2019 Term B USD Incremental Loans will initially be Eurodollar Rate Loans with an Interest Period equal to the unexpired portion of the Interest Period applicable to the Term B USD Loans immediately prior to the Third Amendment Effective Date and with a Eurodollar Rate equal to the rate per annum for such Interest Period applicable to the Term B USD Loans immediately prior to the Third Amendment Effective Date. (i) Subject to the terms and conditions set forth in the Third Amendment, each 2019 Term B Euro Incremental Lender severally agrees to make to the Borrower on the Third Amendment Effective Date one or more 2019 Term B Euro Incremental Loans denominated in Euros in an aggregate principal amount equal to such 2019 Term B Euro Incremental Lender’s 2019 Term B Euro Incremental Commitment. Amounts borrowed under this Section 2.01 2.01(1)(i) and repaid or prepaid may not be reborrowed. The 2019 Term B Euro Incremental Loans shall be EURIBOR Rate Loans. For the avoidance of doubt, from and after the Third Amendment Effective Date, the 2019 Term B Euro Incremental Loans shall constitute Term B Euro Loans and be of the same Class as the Term B Euro Loans. Notwithstanding anything to the contrary contained herein, the 2019 Term B Euro Incremental Loans will initially be EURIBOR Rate Loans with an Interest Period equal to the unexpired portion of the Interest Period applicable to the Term B Euro Loans immediately prior to the Third Amendment Effective Date and with a EURIBOR Rate equal to the rate per annum for such Interest Period applicable to the Term B Euro Loans immediately prior to the Third Amendment Effective Date.

Appears in 1 contract

Samples: First Lien Credit Agreement (McAfee Corp.)

Term Borrowings. Subject to Each Lender severally agrees, on the terms and conditions set forth hereinof this Agreement, each Term Lender severally agrees (i) during the Availability Period and at Borrower’s request in accordance with Section 2.02, to Term-Out all or any portion of its outstanding Revolving Credit Loans so requested by Borrower (provided that any such requested portion shall be in a principal amount of $100,000 or a whole multiple of $100,000 in excess thereof), and to make a term loan to the Borrower on the Closing Date one or more Initial Term Loans denominated in Dollars requested Term-Out date in an aggregate principal amount equal to such requested principal amount of such Lender’s outstanding Revolving Credit Loans, and (ii) to Term-Out its Revolving Credit Loans outstanding on the Conversion Date, and to make a term loan (such Termed-Out Revolving Credit Loans and such term loans made pursuant to clauses (i) and (ii) of this Section 2.03, the “Term Loans”) to the Borrower on the Conversion Date in an amount equal to the aggregate principal amount of such Lender’s Revolving Credit Loans outstanding on the Conversion Date; provided, however, that after giving effect to any Term Borrowing, the aggregate Outstanding Amount of the Term Loans of any Lender shall not exceed such Lender’s Term B Commitment on the Closing DateCommitment. Each Term-Out of Revolving Credit Loans shall be deemed to be a Borrowing for all purposes of this Agreement; provided, that Revolving Credit Loans that are Termed-Out by Term Loans shall not be deemed to be repaid or discharged but shall be deemed to be continued as Term Loans as provided hereby. Amounts borrowed under this Section 2.01 and Termed-Out, prepaid or repaid or prepaid in respect of Term Loans may not be reborrowed. The Initial Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective Date, each Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Term Loans (i) shall not exceed, for any such Lender, the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Anika Therapeutics Inc)

Term Borrowings. Subject to the terms and conditions expressly set forth herein, (i) each Term Lender with an Initial Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Closing Date one or more Initial Term Loans denominated in Dollars in an aggregate principal amount equal not to exceed the amount of such Term Lender’s Initial Dollar Term B Commitment, (ii) each Term Lender with an Initial B-1 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Dollar Term Commitment, (iii) each Term Lender with an Initial B-2 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 2 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-2 Dollar Term Commitment, (iv) each Term Lender with an Initial B-3 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Amendment No. 3 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-3 Dollar Term Commitment, (v) each Term Lender with an Incremental B-4 Dollar Term Commitment severally agrees to make term loans denominated in Dollars to the Borrower on the Incremental B-4 Dollar Term Loan Amendment Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Incremental B-4 Dollar Term Commitment, (vi) each Term Lender with an Initial Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Closing DateDate in an aggregate amount not to exceed the amount of such Term Lender’s Initial Euro Term Commitment, (vivii ) each Term Lender with an Initial B-1 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 1 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-1 Euro Term Commitment, (viiviii) each Term Lender with an Initial B-2 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 2 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-2 Euro Term Commitment and (viiiix) each Term Lender with an Initial B-3 Euro Term Commitment severally agrees to make term loans denominated in Euro to the Borrower on the Amendment No. 3 Effective Date in an aggregate amount not to exceed the amount of such Term Lender’s Initial B-3 Euro Term Commitment. Amounts borrowed under this Section 2.01 2.01(a) and repaid or prepaid may not be reborrowedre-borrowed. The Initial Dollar Term Loans may be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective Date, each Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Euro Term Loans (i) shall not exceed, for any such Lender, the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may will be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 The Borrower shall pay all accrued and repaid or prepaid may unpaid interest on the Initial Dollar Term Loans and the Initial Euro Term Loans, in each case, to the Term Lenders to, but not be reborrowed.including, the Amendment No. 1 Effective Date on such Amendment No. 1

Appears in 1 contract

Samples: Credit Agreement (Avantor, Inc.)

Term Borrowings. (a) Subject to the terms and conditions set forth hereinin Section 4.01 hereof, each USD Term Lender severally agrees to make to the Borrower on the Closing Date one or more Initial Closing Date USD Term Loans denominated in Dollars in an aggregate principal amount equal to such USD Term Lender’s Closing Date USD Term B Loan Commitment on the Closing Date. Amounts borrowed under this Section 2.01 2.01(1)(a) and repaid or prepaid may not be reborrowed. The Closing Date USD Term Loans may be Base Rate Loans or EurodollarEurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth in Section 4.01 hereof, each Euro Term Lender severally agrees to make to the Borrower on the Closing Date one or more Closing Date Euro Term Loans denominated in Euros in an aggregate principal amount equal to such Euro Term Lender’s Closing Date Euro Term Loan Commitment on the Closing Date. Amounts borrowed under this Section 2.01(1)(b) and repaid or prepaid may not be reborrowed. The Closing Date Euro Term Loans shall be EURIBOR Rate Loans. (c) Subject to the terms and conditions set forth in the First Amendment, each Initial Incremental USD Term Lender severally agrees to make the Borrower on the First Amendment Effective Date one or more Initial Incremental Term Loans denominated in Dollars in an aggregate principal amount equal to such Initial Incremental USD Term Lender’s Initial Incremental USD Term Loan Commitment. Amounts borrowed under this Section 2.01(c) and repaid or prepaid may not be reborrowed. The Initial Incremental USD Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. For the avoidance of doubt, from and after the First Amendment Effective Date, the Initial Incremental USD Term Loans shall constitute Closing Date USD Term Loans and be of the same Class as the Closing Date USD Term Loans. (d) Subject to the terms and conditions set forth in the First Amendment, each Initial Incremental Euro Term Lender severally agrees to make the Borrower on the First Amendment Effective Date one or more Initial Incremental Euro Term Loans denominated in Euros in an aggregate principal amount equal to such Initial Incremental Term Lender’s Initial Incremental Term Loan Commitment. Accounts borrowed under this Section 2.01(1)(d) and repaid or prepaid may not be reborrowed. The Initial Incremental Euro Term Loans shall be EURIBOR Rate Loans. For the avoidance of doubt, form and after the First Amendment Effective Date, the Initial Incremental Euro Term Loans shall constitute Closing Date Euro Term Loans and be of the same Class as the Closing Date Euro Term Loans. (e) (i) The Additional Term B USD Lender agrees to make a term loan to the Borrower in Dollars (a “Term B USD Loan” (which term shall include the term loans established pursuant to clause (ii) below)) on the Second Amendment Effective Date in a principal amount equal to its Additional Term B USD Commitment and (ii) each Converted Closing Date USD Term Loan held by each Second Amendment Consenting Lender shall be converted into a Term B USD Loan of such Lender effective as of the Second Amendment Effective Date in a principal amount equal to the principal amount of such Lender’s Converted Closing Date USD Term Loan immediately prior to such conversion. The Term B USD Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Subject Notwithstanding anything to the contrary contained herein, the Term B USD Loans will initially be Eurodollar Rate Loans with an Interest Period equal to the unexpired portion of the Interest Period applicable to the Closing Date USD Term Loans immediately prior to the Second Amendment Effective Date and upon with a Eurodollar Rate equal to the terms and conditions set forth in Incremental rate per annum for such Interest Period applicable to the Closing Date USD Term Loans immediately prior to the Second Amendment No. 1, on the Incremental Amendment No. 1 Effective Date, each Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Initial Term Loans (i) shall not exceed, for any such Lender, the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitment. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed.

Appears in 1 contract

Samples: First Lien Credit Agreement (McAfee Corp.)

Term Borrowings. (i) Subject to the terms and conditions set forth herein, each Term Lender severally agrees to make a single loan to the Borrower Chase Borrower, in Dollars, on a Business Day during the Closing Date one or more Initial Availability Period for the Chase Term Loans denominated in Dollars Facility, in an aggregate principal amount equal not to exceed such Term Lender’s Applicable Percentage of the Chase Term B Commitment on Facility. The Chase Term Borrowing shall consist of Term Loans made simultaneously by the Closing DateTerm Lenders in accordance with their respective Applicable Percentage of the Chase Term Facility. Amounts borrowed under this Section 2.01 and Chase Term Borrowings repaid or prepaid may not be reborrowed. The Initial Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. ; provided, however, any Term 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 Chase Borrower delivers a Funding Indemnity Letter not less than three (3) Business Days prior to the date of such Term Borrowing. (ii) Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on the Incremental Amendment No. 1 Effective Dateherein, each Term Lender having a New 2014 Initial Term Loan Commitment severally agrees to make a single loan or loans to the Borrower in a single drawing denominated NEPTCO Borrower, in Dollars, which New 2014 Initial on a Business Day during the Availability Period for the NEPTCO Term Facility, in an aggregate amount not to exceed such Term Lender’s Applicable Percentage of the NEPTCO Term Facility. The NEPTCO Term Borrowing shall consist of Term Loans (i) shall made simultaneously by the Term Lenders in accordance with their respective Applicable Percentage of the NEPTCO Term Facility. NEPTCO Term Borrowings repaid or prepaid may not exceed, for any such Lender, the New 2014 Initial Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Initial Term Loan Commitmentbe reborrowed. Subject to and upon the terms and conditions set forth in Incremental Amendment No. 1, on a single Business Day (the “Delayed Draw Borrowing Date”) during the 2014 Delayed Draw Term Loan Availability Period, each Lender having a New 2014 Delayed Draw Term Loan Commitment severally agrees to make a loan or loans to the Borrower in a single drawing denominated in Dollars, which New 2014 Delayed Draw Term Loans (i) shall not exceed, for any such Lender, the New 2014 Delayed Draw Term Loan Commitment of such Lender and (ii) shall not exceed, in the aggregate, the Total New 2014 Delayed Draw Term Loan Commitment. The Initial Term Loans and New 2014 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Amounts borrowed under this Section 2.01 and repaid ; provided, however, any Term Borrowing made on the Closing Date or prepaid may any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the NEPTCO Borrower delivers a Funding Indemnity Letter not be reborrowedless than three (3) Business Days prior to the date of such Term Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Chase Corp)

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