Term Credit Agreement. The Term Credit Agreement shall have been executed and delivered by Holdings, the Borrower and the other parties thereto and shall have become effective in accordance with its terms and the aggregate amount of (i) term loans funded thereunder on the Closing Date and (ii) unused term loan commitments thereunder on the Closing Date (after giving effect to the funding of the term loans referenced in clause (i)) shall be not more than the sum of $280,000,000 plus any increase in such term loans or term loan commitments to fund any original issue discount or upfront fees payable in respect of the Term Credit Agreement resulting from the exercise of the “market flex” provisions of the Fee Letter.
Term Credit Agreement. The Term Credit Agreement shall have been executed and delivered by Holdings, the Borrower and the other parties thereto and shall have become effective in accordance with its terms and the aggregate amount of term loans funded thereunder shall be not more than $300,000,000.
Term Credit Agreement. The Loan Documents (as defined in the Term Credit Agreement) required by the terms of the Term Credit Agreement to be executed on the Closing Date shall have been, or substantially concurrently with the making of the initial Loans hereunder on the Closing Date shall be, duly executed and delivered by each Loan Party that is party thereto.
Term Credit Agreement. The Term Credit Agreement shall have been cancelled or terminated in accordance with its respective terms; any promissory notes issued thereunder shall have been cancelled or returned to the Borrower; and all outstanding indebtedness for money borrowed under the Term Credit Agreement shall have been, or will be simultaneously with the Borrowings hereunder, repaid in full. The parties hereto agree that a Notice of Borrowing may be given under this Agreement simultaneously to repay all outstanding obligations under the Term Credit Agreement.
Term Credit Agreement. (a) Capitalized terms used in this Agreement (including in the preamble and the introductory paragraph hereto) and not otherwise defined herein have the meanings specified in the Term Credit Agreement.
(b) The rules of construction specified in Sections 1.02, 1.03 and 1.05 of the Term Credit Agreement also apply to this Agreement, mutatis mutandis.
Term Credit Agreement. (a) Unless otherwise stated herein:
(i) Capitalized terms used in this Agreement and not otherwise defined herein have the respective meanings assigned thereto in the Term Credit Agreement. Whenever any term used in this Agreement and not otherwise defined herein is used herein, such reference shall be deemed to have the same effect as if such term had been independently set forth herein in full on the date hereof.
(ii) Unless otherwise defined herein, any capitalized term that is defined in both the Term Credit Agreement and this Agreement shall have the meaning assigned thereto herein.
(iii) All terms defined in the New York UCC (as defined below) and not defined in this Agreement have the meanings specified therein.
(iv) The term “instrument” shall have the meaning specified in Article 9 of the New York UCC.
Term Credit Agreement. The occurrence of a Term Credit Agreement Event of Default; provided, however, that in the event such Term Credit Agreement Event of Default is cured, such cure shall be deemed to automatically waive the Event of Default under this Section 8.
Term Credit Agreement. An Event of Default (as defined in the Term Credit Agreement) shall occur.
(g) The initial paragraph of Section 8.03 is hereby amended to read as follows:
Term Credit Agreement. The parties hereto acknowledge that the Liens now or hereafter granted pursuant to the Collateral Documents and the Secured Obligations with respect to this Agreement and the other Loan Documents and the Liens (as defined in the Term Credit Agreement) and the Secured Obligations (as defined in he Term Credit Agreement) and defined herein as the “Term Credit Agreement Obligations” are pari passu and of equal ranking, and notwithstanding anything herein (including Section 8.03) or in the Term Credit Agreement to the contrary, and proceeds received from the Collateral and the Guaranties (as defined in each of this Agreement and the Term Credit Agreement) shall be applied to the Secured Obligations and the Term Credit Agreement Obligations pro rata in proportion to the respective outstanding amounts of the Secured Obligations and the Term Credit Agreement Obligations.
Term Credit Agreement. That certain Short-Term Credit Agreement --------------------------- dated as of the date hereof, by and among the parties thereto, pursuant to which the banks party thereto have agreed to provide a short-term credit facility to the Borrower upon the terms and conditions set forth therein, as such agreement may be amended, supplemented or otherwise modified from time to time.
