Term Loan Amount. (a) On the terms and subject to the conditions set forth herein, the Lenders hereby agree to make to Parent on the Closing Date a term loan in an original principal amount equal to $130,000,000 (the "Term Loan"). Each Lender's obligation to fund the Term Loan shall be limited to such Lender's Term Loan Commitment Percentage of the Term Loan, and no Lender shall have any obligation to fund any portion of the Term Loan required to be funded by any other Lender, but not so funded, and no Lender shall be relieved of its obligation to fund the Term Loan because another Lender has failed to fund. Borrowers shall not have any right to reborrow any portion of the Term Loan which is repaid or prepaid from time to time. The Commitments of the Lenders to make the Term Loan shall expire concurrently with the making of the Term Loan on the Closing Date.
(b) [Reserved].
(c) Borrower Agent shall deliver to Agent a Notice of Borrowing, not later than 11:00 a.m. (Chicago time) at least one (1) Business Day prior to the Closing Date. Such Notice of Borrowing shall be irrevocable and shall specify (x) the principal amount of the proposed Loan, (y) whether the proposed Loan is requested to be a Prime Rate Loan or a Term SOFR Loan and, in the case of a Term SOFR Loan, the initial Interest Period with respect thereto, and (z) wire instructions for the account to which funds to Borrower Agent should be deposited. Agent and the Lenders may act without liability upon the basis of written notice believed by Agent in good faith to be from Borrower Agent. Each Borrower hereby waives the right to dispute Agent's record of the terms of any such Notice of Borrowing absent manifest error. Agent and each Lender shall be entitled to rely conclusively on Borrower Agent's authority to request a Loan until Agent receives written notice to the contrary. Agent and the Lenders shall have no duty to verify the authenticity of the signature appearing on any written Notice of Borrowing.
(d) The Loans under this Agreement shall be made by the Lenders, to the account specified by Agent, no later than 2:00 p.m. (Chicago time) on the borrowing date of the proposed Loan, simultaneously and proportionately to their Commitment, it being understood that no Lender shall be responsible for any default by any other Lender in that other Lender's obligations to make a Loan requested hereunder, nor shall the Commitment of any Lender be increased or decreased as a result of the default by any other Lender in that...
Term Loan Amount. The definition of “Term Loan Amount” set forth in Schedule 1.1 to the Credit Agreement is hereby amended by deleting such definition in its entirety and replacing it with the following:
Term Loan Amount. The Lender hereby agrees on the terms and conditions of this Agreement to lend to the Borrowers the maximum sum of Thirty-One Million Four Hundred Seventy-Nine Thousand One Hundred Sixty-Six Dollars and 64/100 Cents ($31,479,166.64) (the “Term Loan”).
Term Loan Amount. On the terms and subject to the conditions set forth herein, the Lenders severally agree that they shall fund their respective Percentage Shares of a term loan (the “Term Loan”), in the amount of $250,000,000. Principal amounts on the Term Loan that are repaid or prepaid by the Borrower may not be re-borrowed.
Term Loan Amount. (i) Borrowers and Lender acknowledge that Lender made a term loan to Borrowers in the aggregate original principal amount equal to $35,000,000 on November 6, 2018 (“Initial Term Loan”).
(ii) On the terms and conditions set forth herein, Lender agrees to make to Borrowers an additional term loan in the aggregate principal amount equal to $30,000,000 (“Additional Term Loan” and together with the Initial Term Loan, the “Term Loan”). Each drawing by Borrowers under the Additional Term Loan shall be subject to the following conditions:
(A) no Default or Event of Default shall occur or be continuing before and after giving effect to such drawing by Borrowers under the Additional Term Loan;
(B) proceeds of each drawing by Borrowers under the Additional Term Loan shall be used for working capital and general corporate purposes of the Borrowers;
(C) Borrowers shall give Lender a written notice specifying the amount Borrowers desire to draw under the Additional Term Loan not less than fifteen (15) days before each drawing;
(D) each drawing by Borrowers under the Additional Term Loan shall be in a minimum amount of $5,000,000 and incremental amounts in integral multiples of $100,000;
(E) no drawing by Borrowers under the Additional Term Loan shall be made following December 31, 2020; and
(F) in the event Borrowers have not completed an initial drawing under the Additional Term Loan on or before June 30, 2019, Lender shall be entitled to receive a fee in the amount of $300,000 due and payable on June 30, 2019 which fee shall be fully earned when paid and shall not be refundable for any reason whatsoever.
Term Loan Amount. On the terms and subject to the conditions set forth herein, Lender hereby agrees to make to Borrowers a term loan in an aggregate original principal amount equal to the Thirty Five Million Dollars ($35,000,000) on the Closing Date (“Term Loan”).
Term Loan Amount. The Bank agrees to provide a term loan to the Borrower in the amount of Four Million and No/100 Dollars ($4,000,000.00) (the "Term Loan"). The Borrower's obligation to repay outstandings under the Term Loan will be evidenced by a promissory note (the "Term Note") dated as of July 31, 1995, in the form of Exhibit B which is attached to this Sixth Amendment and made a part hereof.
Term Loan Amount. If at any time the outstanding principal amount of the Term Loan exceeds the Term Loan Amount, Borrowers shall immediately pay to Agent an amount equal to such excess, to be applied to the principal installments of the Term Loan in the inverse order of maturity.
Term Loan Amount. On the terms and subject to the conditions set forth herein, the Lenders hereby agree to make the following Loan to Borrower on the Closing Date:
(i) a term loan in an original principal amount equal to $42,000,000 (the “Term Loan”). Each Lender’s obligation to fund the Term Loan shall be limited to such Lender’s Term Loan Commitment Percentage of the Term Loan, and no Lender shall have any obligation to fund any portion of the Term Loan required to be funded by any other Lender, but not so funded. Borrower shall not have any right to reborrow any portion of the Term Loan which is repaid or prepaid from time to time.
Term Loan Amount. Upon the terms and provisions and subject to the conditions contained in this Agreement, on the date hereof, Lender is making a term loan to Borrower in the amount of Nine Million Eight Hundred Fifty Thousand Dollars ($9,850,000.00) (the “Term Loan”).
