Term Loan B Facility. Each Term Loan B Lender, severally and for itself alone, hereby agrees, on the terms and subject to the terms and conditions set forth in the Incremental Amendment No. 2 to make a loan (each such loan, a “Term Loan B” and collectively, the “Term B Loans”) to U.S. Borrower on the Incremental Amendment No. 2 Effective Date in an aggregate principal amount equal to the Term Loan B Commitment of such Lender. The Term B Loans (i) shall be incurred by U.S. Borrower pursuant to a single drawing, (ii) shall be denominated in Dollars and (iii) shall not exceed for any Lender at the time of incurrence thereof on the Incremental Amendment No. 2 Effective Date that aggregate principal amount which equals the Term Loan B Commitment, if any, of such Lender at such time. Each Lender’s Term Loan B Commitment shall expire immediately and without further action on the Incremental Amendment No. 2 Effective Date, after giving effect to the Term B Loans made thereon. No amount of any Term Loan B which is repaid or prepaid by U.S. Borrower may be reborrowed hereunder.
(h) Section 2.9(a)(iii) of the Credit Agreement is hereby amended and restated in its entirety with the below: one or more tranches of additional term B loans (the “Additional Term B Loans,” and together with any Additional Farm Credit Loans and Additional Term A Loans, the “Additional Term Loans”) as determined by Administrative Agent that are pari passu in all respects to the Term Loans made pursuant to Section 2.1(a) under a facility that would provide that the Additional Term B Loans would have a Weighted Average Life to Maturity of not less than the Term B Loans with the then longest Weighted Average Life to Maturity and the Farm Credit Loans with the then longest Weighted Average Life to Maturity and a final maturity no earlier than the latest Term Loan B Maturity Date and the latest Farm Credit Loan Maturity Date and/or
(i) Section 2.9(a) of the Credit Agreement is hereby amended by adding the below immediately before the last proviso of Section 2.9(a): provided further, that to the extent that the Effective Yield applicable to (x) any Additional Term B Loans exceeds the lowest Effective Yield applicable to any Term B Loans then outstanding under this Agreement prior to giving effect to such Additional Term B Loans by more than 0.50% per annum, then the interest rate or margin applicable to any Term B Loans then outstanding under this Agreement prior to giving effect to such Additional Term B Loans shall be...
Term Loan B Facility. The final maturity of the Term Loan B Facility will occur on the 42-month anniversary of the Closing Date (the “Term Loan B Maturity Date”).
Term Loan B Facility. Subject to and in reliance upon the terms, conditions, representations, and warranties in the Loan Documents, each Term Loan B Lender severally, but not jointly, agrees to lend to Borrower in a single Borrowing on the Closing Date an amount up to such Lender's Commitment Percentage of the Term Loan B Commitment. If all or a portion of the Term Loan B Principal Debt is paid or prepaid, then the amount so paid or prepaid may not be reborrowed.
Term Loan B Facility. Each Lender, severally and not jointly, agrees to lend to Borrower, in a single advance on the Initial Funding Date, its Pro Rata Share of the Term Loan B Commitment; provided all conditions precedent set forth in Subsections 7.1, 7.2 and 7.3 are satisfied or waived as provided herein. Amounts borrowed under this Subsection 1.1(B)(ii) that are repaid or prepaid may not be reborrowed.
Term Loan B Facility. Each Term Loan B Lender severally, but not jointly, agrees to lend to Borrower in a single Borrowing on the Initial Borrowing Date such Term Loan B Lender's Commitment Percentage of the Term Loan B Commitment. If all or any portion of the Term Loan B Principal Debt is paid or prepaid, then the amount so repaid may not be reborrowed.
Term Loan B Facility. Each Lender, severally and not jointly, previously has lent to Borrower such Lender’s Pro Rata Share of the Term Loan B Commitment (as such Commitment has been reduced and repaid prior to the Amendment Date). Amounts borrowed under this Subsection 1.1(B) that are repaid or prepaid may not be reborrowed.
Term Loan B Facility. On the Effective Date, each Term Loan-B Lender severally agrees, on the terms and conditions set forth in this Agreement, to make a Term Loan-B (which must be denominated in Dollars) to the Company in an aggregate Dollar Amount up to but not exceeding the amount of such Lender's Term Loan-B Commitment. The Term Loan-B Commitments are not revolving in nature, and amounts repaid or prepaid pursuant to Section 2.03 or 2.08 shall not be reborrowed.
Term Loan B Facility. (a) Term Loan B. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Term Loan B Lender severally agrees to make available to the Administrative Agent on the Closing Date such Term Loan B Lender’s Term Loan B Commitment Percentage of a term loan to the Dutch Borrower in Dollars (the “Term Loan B”) in the aggregate principal amount (for all Term Loan B Lenders) of ONE HUNDRED FORTY-FIVE MILLION DOLLARS ($145,000,000) (the “Term Loan B Committed Amount”) for the purposes set hereinafter set forth. The Term Loan B may consist of Alternate Base Rate Loans or LIBOR Rate Loans, or a combination thereof, as the Dutch Borrower may request; provided, however, that on the Closing Date and for the three (3) Business Days following the Closing Date the Term Loan B shall bear interest at the Alternate Base Rate unless three (3) Business Days prior to the Closing Date the Dutch Borrower executes a funding indemnity letter in the form and substance satisfactory to the Administrative Agent. Amounts repaid or prepaid on the Term Loan B may not be reborrowed. LIBOR Rate Loans shall be made by each Term Loan B Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Term Loan B Facility. The following new Section 2.1.4 is hereby added to the Credit Agreement:
Term Loan B Facility. Upon the Effective Date in accordance with section 2.1 as amended, the aggregate sum of $20,000,000 of the Revolving Loans then outstanding shall be restructured and become Term Loan B with respect to each Lender based upon their respective Term Loan B Commitment, for which respective Notes shall be executed and delivered by Borrower to each Lender. Term Loan B shall be excluded from the calculation of the Leverage Ratio (Senior Debt) set forth in Section 6.27.4, but it shall be included in the calculation of the Leverage Ratio (Total Debt) set forth in Section 6.27.2. Further, the principal of Term Loan B shall be excluded from the calculation of the Fixed Charge Coverage Ratio set forth in Section 6.27.1 through August 31, 2005, but shall be included thereafter to the extent it has not been fully paid. The Term Loan B shall be payable as follows: accrued and unpaid interest shall be payable on each Payment Date, commencing August 31, 2004; and principal shall be payable in full on August 31, 2005. Interest shall accrue at a rate equal to the Eurodollar Base Rate plus three hundred twenty-five (325) basis points until November 30, 2004; whereupon, the interest rate shall increase to eighteen percent (18%) per annum fixed, and further increase by three hundred (300) basis points on the last day of each fiscal quarter thereafter, commencing February 28, 2005, until the Term Loan B has been fully paid.”
