Common use of Term Loan Amounts Clause in Contracts

Term Loan Amounts. (A) Under the Original Credit Agreement, the Lenders thereunder made term loans to Borrowers in the principal amounts of (1) Eight Million Five Hundred Thousand Dollars ($8,500,000) (“Existing Term Loan 1”), (2) Five Million Dollars ($5,000,000) (“Existing Term Loan 2”) and (3) Three Million Dollars ($3,000,000) (“Existing Term Loan 3”, and together with Existing Term Loan 1 and Existing Term Loan 2, the “Existing Term Loans”) and, following the making of each such Existing Term Loan, the Term Loan Tranche 1 Commitment (as defined in the Original Credit Agreement), the Term Loan Tranche 2 Commitment (as defined in the Original Credit Agreement) and the Term Loan Tranche 3 Commitment (as defined in the Original Credit Agreement), as applicable, were reduced to zero ($0). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 1 is $8,500,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 1” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 1 Commitment Amount hereto without constituting a novation. Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 2 is $5,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 2” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 2 Commitment Amount hereto without constituting a novation. Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 3 is $3,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 3” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 3 Commitment Amount hereto without constituting a novation. Each Borrower hereby (x) represents, warrants, agrees, covenants and reaffirms that it has no defense, set off, claim or counterclaim against the Agent and the Lenders with regard to its Obligations in respect of each such Existing Term Loan and (y) reaffirms its obligation to repay each of Term Loan Tranche 1, Term Loan Tranche 2 and Term Loan Tranche 3 in accordance with the terms and provisions of this Agreement and the other Financing Documents.

Appears in 2 contracts

Samples: Credit and Security Agreement (Aziyo Biologics, Inc.), Credit and Security Agreement (Aziyo Biologics, Inc.)

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Term Loan Amounts. (A) Under On the Original Credit Agreementterms and subject to the conditions set forth herein and in the other Financing Documents, the Lenders thereunder made severally hereby agree to make to Borrowers one or more term loans on one or more Business Days occurring after the Closing Date and on or prior to Borrowers in the principal amounts of (1) Eight Million Five Hundred Thousand Dollars ($8,500,000) (“Existing Term Loan 1Commitment Termination Date (each, a “Term Loan Funding Date”) in an original aggregate principal amount not to exceed the Term Loan Commitments on such Term Loan Funding Date (each such advance, a “Term Loan Advance” and collectively, the “Term Loan”); provided that (i) the amount of any Term Loan Advance requested by Borrowers at such time shall not exceed the Term Loan Availability at such time, (2ii) Five Million Dollars ($5,000,000) (“Existing each Term Loan 2”Advance shall be in a principal amount of $2,500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the remaining amount of the Term Loan Commitments) and (3iii) Three Million Dollars ($3,000,000) (“Existing each Term Loan 3”Advance shall reduce and partially terminate the Term Loan Commitment on a dollar-for-dollar basis. Each Lender’s obligation to fund the Term Loan shall be limited to such Lender’s Term Loan Commitment Percentage, and together with Existing no Lender shall have any obligation to fund any portion of the Term Loan 1 and Existing required to be funded by any other Lender, but not so funded. Unless previously terminated, upon the Term Loan 2, the “Existing Term Loans”) and, following the making of each such Existing Term LoanCommitment Termination Date, the Term Loan Tranche 1 Commitment (as defined in the Original Credit Agreement), the Term Loan Tranche 2 Commitment (as defined in the Original Credit Agreement) Commitments shall thereupon automatically be terminated and the Term Loan Tranche 3 Commitment (Amount of each Lender as defined of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Original Credit Agreement), as applicable, were reduced Term Loan Commitments. No Borrower shall have any right to zero ($0). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance reborrow any portion of the Existing Term Loan 1 that is $8,500,000, which amount repaid or prepaid from time to time. Borrowers shall be deemed deliver to have been, and hereby is, converted to the “Term Loan Tranche 1” under this Agreement, and hereby is deemed to be outstanding in the amount set forth Agent a Notice of Borrowing with respect to each Lender’s proposed Term Loan Tranche 1 Commitment Amount hereto without constituting a novation. Immediately Advance, such Notice of Borrowing to be delivered no later than noon (Eastern time) two (2) Business Days prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 2 is $5,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 2” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 2 Commitment Amount hereto without constituting a novation. Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 3 is $3,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 3” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 3 Commitment Amount hereto without constituting a novation. Each Borrower hereby (x) represents, warrants, agrees, covenants and reaffirms that it has no defense, set off, claim or counterclaim against the Agent and the Lenders with regard to its Obligations in respect of each such Existing Term Loan and (y) reaffirms its obligation to repay each of Term Loan Tranche 1, Term Loan Tranche 2 and Term Loan Tranche 3 in accordance with the terms and provisions of this Agreement and the other Financing Documentsproposed borrowing.

Appears in 1 contract

Samples: Credit, Guaranty and Security Agreement (Transfix Holdings, Inc.)

Term Loan Amounts. (A) Under the Original Existing Credit Agreement, the Lenders thereunder made term loans to Borrowers in the principal amounts amount of (1) Eight Million Five Hundred Thousand Dollars ($8,500,000) 40,000,000 (“Existing Term Loan Tranche 1”), (2) Five Million Dollars ($5,000,000) (“Existing Term Loan 2”) and (3) Three Million Dollars ($3,000,000) (“Existing Term Loan 3”, and together with Existing Term Loan 1 and Existing Term Loan 2, the “Existing Term Loans”) and, following the making of each such Existing Term LoanLoan Tranche 1, the Term Loan Tranche 1 Commitment (as defined in the Original Credit Agreement), the Term Loan Tranche 2 Commitment (as defined in the Original Existing Credit Agreement) and the Term Loan Tranche 3 Commitment (as defined in the Original Credit Agreement), as applicable, were was reduced to zero ($0). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan Tranche 1 is $8,500,000, which amount 40,000,000. The parties hereto agree that the Existing Term Loan Tranche 1 shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 1” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 1 Commitment Amount hereto without constituting a novation. Immediately prior , and each Lender’s obligation to fund in respect of the effectiveness portion of this Agreementits Term Loan Tranche 1 MidCap / Cerus / A&R Credit, the outstanding principal balance Security and Guaranty Agreement (Term Loan) [***] = Certain Confidential Information Omitted Commitment comprised of the Existing Term Loan 2 is $5,000,000, which amount Tranche 1 shall be deemed to have been, and hereby is, converted to satisfied on the “Term Loan Tranche 2” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 2 Commitment Amount hereto without constituting Closing Date as a novation. Immediately prior to the effectiveness result of this Agreement, the outstanding principal balance of the Existing Term Loan 3 is $3,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 3” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 3 Commitment Amount hereto without constituting a novationsuch conversion. Each Borrower hereby (x) represents, warrants, agrees, covenants and reaffirms that it has no defense, set off, claim or counterclaim against the Agent and the Lenders with regard to its Obligations in respect of each such Existing Term Loan Tranche 1 and (y) reaffirms its obligation obligations to repay each of Term Loan Tranche 1, Term Loan Tranche 2 and Term Loan Tranche 3 1 in accordance with the terms and provisions of this Agreement and the other Financing Documents.

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Cerus Corp)

Term Loan Amounts. (A) Under the Original Existing Credit Agreement, the Lenders thereunder made term loans in respect of tranche 1 (collectively, in the singular, the “Existing Term Loan Tranche 1”) to Borrowers in the principal amounts aggregate amount of (1) Eight Thirty Five Million Five Hundred Thousand Dollars ($8,500,00035,000,000) and term loans in respect of tranche 2 (collectively, in the singular, the “Existing Term Loan 1Tranche 2), (2) in an aggregate amount equal to Five Million Dollars ($5,000,000) (“Existing Term Loan 2”) and (3) Three Million Dollars ($3,000,000) (“Existing Term Loan 3”, and together with Existing Term Loan 1 and Existing Term Loan 2, the “Existing Term Loans”) and, following the making of each such Existing Term LoanLoan Tranche 1 and Existing Term Loan Tranche 2, the Term Loan Tranche 1 Commitment (as defined in the Original Existing Credit Agreement), ) and the Term Loan Tranche 2 Commitment (as defined in the Original Existing Credit Agreement) and the Term Loan Tranche 3 Commitment (as defined in the Original Credit Agreement), as applicable, were reduced to zero ($0). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan Tranche 1 is $8,500,00013,125,000, which amount shall continue to be deemed outstanding under this Agreement without constituting a novation and is referred to have been, and hereby is, converted to hereunder as the Term Loan Tranche 1 (the “Term Loan Tranche 1” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 1 Commitment Amount hereto without constituting a novation”). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan Tranche 2 is $5,000,0001,875,000, which amount shall continue to be deemed outstanding under this Agreement without constituting a novation and is referred to have been, and hereby is, converted to hereunder as the Term Loan Tranche 2 (the “Term Loan Tranche 2” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 2 Commitment Amount hereto without constituting a novation. Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 3 is $3,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 3” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 3 Commitment Amount hereto without constituting a novation”). Each Borrower hereby (x) represents, warrants, agrees, covenants and reaffirms that it has no defense, set off, claim or counterclaim against the Agent and the Lenders with regard to its Obligations in respect of each such Existing Term Loan Tranche 1 and the Existing Term Loan Tranche 2 and (y) reaffirms its obligation to repay each of such Existing Term Loan Tranche 1, 1 and the Existing Term Loan Tranche 2 and Term Loan Tranche 3 in accordance with the terms and provisions of this Agreement and the other Financing Documents.

Appears in 1 contract

Samples: Credit and Security Agreement (Sientra, Inc.)

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Term Loan Amounts. (A) Under the Original Existing Credit Agreement, the Lenders thereunder made term loans to Borrowers in the principal amounts amount of (1) Eight Million Five Hundred Thousand Dollars ($8,500,000) 12,000,000 (“Existing Term Loan Tranche 1”), (2) Five Million Dollars ($5,000,000) (“Existing Term Loan 2”) and (3) Three Million Dollars ($3,000,000) (“Existing Term Loan 3”, and together with Existing Term Loan 1 and Existing Term Loan 2, the “Existing Term Loans”) and, following the making of each such Existing Term LoanLoan Tranche 1, the Term Loan Tranche 1 Commitment (as defined in the Original Credit Agreement), the Term Loan Tranche 2 Commitment (as defined in the Original Existing Credit Agreement) and the Term Loan Tranche 3 Commitment (as defined in the Original Credit Agreement), as applicable, were was reduced to zero ($0). Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan Tranche 1 is was $8,500,000, which amount 12,000,000. The parties hereto agree that the Existing Term Loan Tranche 1 shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 1” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 1 Commitment Amount hereto without constituting a novation. Immediately prior , and each Lender’s obligation to fund in respect of the effectiveness portion of this Agreement, the outstanding principal balance its Term Loan Tranche 1 Commitment comprised of the Existing Term Loan 2 is $5,000,000, which amount Tranche 1 shall be deemed to have been, and hereby is, converted to satisfied on the “Term Loan Tranche 2” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 2 Commitment Amount hereto without constituting Closing Date as a novationresult of such conversion. Immediately prior to the effectiveness of this Agreement, the outstanding principal balance of the Existing Term Loan 3 is $3,000,000, which amount shall be deemed to have been, and hereby is, converted to the “Term Loan Tranche 3” under this Agreement, and hereby is deemed to be outstanding in the amount set forth with respect to each Lender’s Term Loan Tranche 3 Commitment Amount hereto without constituting a novation. Each Borrower hereby (x) represents, warrants, agrees, covenants and reaffirms that it has no defense, set off, claim or counterclaim against the Agent and the Lenders with regard to its Obligations in respect of each such Existing Term Loan Tranche 1 and (y) reaffirms its obligation obligations to repay each of Term Loan Tranche 1, Term Loan Tranche 2 and Term Loan Tranche 3 1 in accordance with the terms and provisions of this Agreement and the other Financing Documents.

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Xtant Medical Holdings, Inc.)

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