Term D Loans Sample Clauses

Term D Loans. (i) As of the First Amendment Date, the loans made pursuant to the Bridge Financing, after giving effect to any prepayment thereof on the First Amendment Date, shall be assumed by Foamex (such loans being the "Term D Loans") and the terms and conditions thereof shall be amended and restated by the provisions of this Agreement relating to Term D Loans and, from and after the First Amendment Date, all Term D Loans shall in all respects be deemed Term Loans and Loans hereunder; provided, that, the aggregate amount of Term D Loans shall not exceed an amount equal to the difference of (i) $140,000,000 minus (ii) an amount equal to the excess, if any of (I)(x) the face amount of New Foamex Notes outstanding on the First Amendment Date plus (y) the face amount of any other Permitted Subordinated Indebtedness issued on the First Amendment Date plus (z) the aggregate value of any contribution to the equity of Foamex made on the First Amendment Date over (II) $70,000,000. (ii) On the First Amendment Date, Scotiabank, as the initial Term D Loan Lender, shall be deemed (upon receipt of payment therefor, as set forth in the immediately following sentence) to have assigned to certain Lenders (as set forth on Exhibit C to the First Amendment), and each such Lender shall be deemed to have purchased, Term D Loans in the principal amount indicated on such signature pages. Upon such payment therefor as agreed upon between Scotiabank and such Lender, such Lender shall be a Lender of Term D Loans hereunder. (iii) Term D Loans are hereby designated `Designated Senior Debt' for all purposes of the New Foamex Subordinated Note Indenture and the New Foamex Subordinated Notes." 2.9. A new Section 3.01(b)(ix) is hereby added to the Credit Agreement to read as follows:

Term D Loans. Each Lender severally made a Term D Loan to the Borrowers prior to the date hereof. The amount of Term D Loans outstanding as of the date hereof is set forth on Schedule 1.1C hereto, such amount comprises the outstanding principal amount of Term D Loans and the PIK Interest paid through the date hereof.

Term D Loans. As of the Effective Date the Lenders have extended term loans to the Borrower in a maximum original aggregate principal amount of $110,000,000 (relative to such Lender, its "Term D Loans"). On the Effective Date, there were outstanding Term D Loans in an aggregate principal amount of $110,000,000. Each Lender's Term D Loans as of (and giving effect to) the Effective Date are as set forth on Annex I hereto.

Term D Loans. (a) The continuation of Continued Term C Loans may be implemented pursuant to other procedures specified by the Administrative Agent or GS Bank, including by repayment of Continued Term C Loans of a Continuing Term C Lender followed by a subsequent assignment to it of Term D Loans in the same amount. (b) For the avoidance of doubt, the Lenders hereby acknowledge and agree that, at the sole option of the Administrative Agent, any Lender with Existing Term C Loans that are prepaid as contemplated hereby shall, automatically upon receipt of the amount necessary to purchase such Lender’s Existing Term C Loans so replaced, at par, and pay all accrued interest thereon, be deemed to have assigned such Loans pursuant to a form of Assignment and Assumption and, accordingly, no other action by the Lenders, the Administrative Agent, GS Bank or the Loan Parties shall be required in connection therewith.

Term D Loans. As of the Effective Date, the Lenders have extended term loans to the Borrower in a maximum original aggregate principal amount of $110,000,000 (relative to each such Lender, its "Term D Loan"). On the Effective Date (after giving effect to all prepayments thereof made on the Effective Date pursuant to clause (A)(x) of Section 3.01 (b)(iv)), there were outstanding Term D Loans in an aggregate principal amount of $67,165,761. Each Lender's Term D Loans as of (and giving effect to) the Effective Date (after giving effect to all prepayments thereof made on or prior to the Effective Date) are as set forth on Annex I hereto.

Term D Loans. Each Term D Lender, severally and for itself alone, hereby agrees, on the terms and subject to the conditions hereinafter set forth and those set forth in the First Amendment and in reliance upon the representations and warranties set forth herein and in the other Loan Documents, to make a loan (each such loan, a “Term D Loan” and collectively, the “Term D Loans”) to Company on the First Amendment Effective Date in an aggregate principal amount equal to the Term D Commitment of such Term D Lender. The Term D Loans (i) shall be incurred by Company pursuant to a single drawing, which shall be on the First Amendment Effective Date, (ii) shall be denominated in Dollars and (iii) shall be made as Eurocurrency Loans with an initial Interest Period of one month and shall be maintained as Eurocurrency Loans, provided that except as permitted by Administrative Agent in its sole discretion, no incurrences of, or conversions into, Term D Loans maintained as Eurocurrency Loans with an Interest Period in excess of one month (with all such Interest Periods ending on the same day during such period) may be effected prior to the earlier of (1) the 60th day after the First Amendment Effective Date and (2) that date upon which Administrative Agent determines in its sole discretion (and notifies Company) that the primary syndication of the Term D Loans (and resultant additions of institutions as Lenders pursuant to Section 12.8(c)) has been completed. Each Term D Lender’s Term D Commitment shall expire immediately and without further action on the First Amendment Effective Date if the Term D Loans are not made on the First Amendment Effective Date. No amount of a Term D Loan which is repaid or prepaid by Company may be reborrowed hereunder.

Term D Loans. Borrowers shall pay the principal amount of each Term D Loan of each Lender as follows: (a) in arrears in quarterly installments equal to 0.25% of the original principal amount of the Term D Loans that have been funded since the Third Amendment Effective Date, each payable on the first Business Day of each Fiscal Quarter, commencing on the first Business Day of the Fiscal Quarter immediately following the Fiscal Quarter in which that Term D Loan is made to any Borrower and (b) a final installment equal to the remaining outstanding principal balance of the Term D Loans, payable on the Termination Date. Unless sooner paid in full, the outstanding principal balance of the Term D Loans must be paid in full on the Termination Date.

Term D Loans. Borrowers shall pay to Administrative Agent for the account of each Lender with a Term D Loan Commitment (except as provided in Section 2.5) an unused fee (the “Term D Loan Unused Fee”), for the period from the Third Amendment Effective Date to the earlier of (i) the Termination Date or (ii) the last day of the Term D Loan Availability Period, at the Unused Fee Rate in effect from time to time of that Lxxxxx’s Pro Rata Share (as adjusted from time to time) of the average daily unused amount of the Term D Loan Commitments. For purposes of calculating usage under this Section 5.1.2, the Term D Loan Commitments will be deemed used when initially drawn. That Term D Loan Unused Fee will be payable in arrears on the first Business Day of each month and on the earlier of the Termination Date or the last day of the Term D Loan Availability Period for any period then ending for which that Term D Loan Unused Fee has not have previously been paid. The Term D Loan Unused Fee will be computed for the actual number of days elapsed on the basis of a year of 360 days.

Term D Loans. (i) On the terms and subject to the conditions set forth herein, each 2021 Term D Lender agrees, severally and not jointly, to make, on the Third Restatement Effective Date, a 2021 Term D Loan to the Borrower in an aggregate principal amount equal to its 2021 Term D Commitment. The 2021 Term D Commitment of each 2021 Term D Lender shall automatically terminate upon the making of the 2021 Term D Loans on the Third Restatement Effective Date. The proceeds of the 2021 Term D Loans made on the Third Restatement Effective Date are to be used by the Borrower solely to pay a portion of the HMA Acquisition Costs. (ii) On the terms and subject to the conditions set forth herein, each 2017 Term E Lender agrees, severally and not jointly, to make, on the Third Restatement Effective Date, a 2017 Term E Loan to the Borrower in an aggregate principal amount equal to its 2017 Term E Commitment. The 2017 Term E Commitment of each 2017 Term E Lender shall automatically terminate upon the making of the 2017 Term E Loans on the Third Restatement Effective Date. The proceeds of the 2017 Term E Loans made on the Third Restatement Effective Date are to be used by the Borrower solely to pay a portion of the HMA Acquisition Costs.