Term Loan D. In the absence of an Event of Default or Default hereunder, the outstanding principal balance of Term Loan D shall continue to accrue interest at the LIBOR Market Index Rate plus 250 basis points (2.50%), payable by the Borrower monthly on the first day of each month and upon maturity of Term Loan D. Upon and following the Supplemental Credit Facility Payment Date, and provided that no Event of Default or Default has occurred hereunder, interest on the outstanding principal balance of Term Loan D shall accrue at LIBOR Market Index Rate plus 200 basis points (2.00%). In each case, interest will be calculated on the basis of a 360-day year and the actual number of days elapsed.'
Term Loan D. Under the Prior Agreement, U.S. Bank has advanced to Borrower the principal sum of Four Million Dollars ($4,000,000) which Borrower has paid down to Two Million Nine Hundred Seventy Three Thousand Five Hundred Eighty Nine and 68/100 Dollars ($2,973,589.68) (the amount advanced and unpaid under the Prior Agreement, the “Term Loan D Advance” and also referred to as the “Term Loan D”). The Term Loan D shall be evidenced by and repayable in accordance with the terms of Borrower’s promissory note (“Term Note D”). Amounts representing the Term Loan D Advance that have been repaid by Borrower may not be reborrowed.
Term Loan D. (a) TERM LOAN D. Bank has made a loan to Borrower in the original principal amount of Five Hundred Thousand Dollars ($500,000.00) ("Term Loan D"), on which the outstanding principal balance as of the date hereof is Two Hundred Forty-five Thousand Seven Hundred Sixty-two and 60/100 Dollars ($245,762.60). Borrower's obligation to repay Term Loan D is evidenced by a promissory note substantially in the form of Exhibit E attached hereto ("Term Note D"), all terms of which are incorporated herein by this reference. Any reference in Term Note D to any prior loan agreement between Bank and Borrower shall be deemed a reference to this Agreement. Subject to the terms and conditions of this Agreement, Bank hereby confirms that Term Loan D remains in full force and effect.
Term Loan D. Subject to Section 2.3(b), the principal amount outstanding under each Term Loan D shall accrue interest from the date when made, continued or converted until paid in full at a floating per annum rate equal to (i) for Prime Rate Loans, the Prime Rate plus 200 basis points, and (ii) for LIBOR Loans, the LIBOR Rate plus 550 basis points. On and after the expiration of any Interest Period applicable to any Term Loan D that is a LIBOR Loan outstanding on the date of occurrence of an Event of Default or acceleration of the Obligations, the effective amount of such Term Loan D shall, during the continuance of such Event of Default or after acceleration, bear interest at the rate applicable to a Term Loan D that is a Prime Rate Loan plus the Default Rate. Pursuant to the terms hereof, interest on each Loan shall be paid in arrears on each Interest Payment Date. Interest shall also be paid on the date of any prepayment of any Term Loan D pursuant to this Agreement for the portion of any Term Loan D so prepaid and upon payment (including prepayment) in full thereof. All accrued but unpaid interest on the Term Loan D shall be due and payable on the Term Loan D Maturity Date.
Term Loan D. Subject to the terms and conditions set forth herein, each Lender severally made, on the Delayed Funding Date, its portion of a separate FORTY MILLION DOLLAR ($40,000,000) term loan (identified as Loan 6219592-102 by NWFCS) to the Borrowers in Dollars (“Term Loan D”).
Term Loan D. Upon the terms and subject to the conditions of, and in reliance upon the representations and warranties made under, this Agreement, FCC agrees, at Borrowers' request, to accept from Borrowers a Term Note D payable to FCC, dated the Amendment No. 8 Effective Date, in the original principal amount of $2,350,000. Borrowers may not reborrow any amount of Term Loan D that is repaid.
Term Loan D. Subject to the terms and conditions of this Agreement and the Other Agreements, including without limitation Section 17 hereof, on the date that the conditions to the initial Loans are satisfied, Lender shall make a term loan to Spanish Borrower in an amount equal to One Million Eight Hundred Sixty Thousand and No/100 Dollars ($1,860,000) (the “Term Loan D”). Amounts repaid with respect to Term Loan D may not be reborrowed.
Term Loan D. (a) TERM LOAN D. Bank granted a term commitment to Borrower in the original principal amount of Five Hundred Thousand Dollars ($500,000.00), which has been fully disbursed ("Term Loan D"), and on which the outstanding principal balance as of the date hereof is $383,324.00. Borrower's obligation to repay Term Loan D is evidenced by a promissory note in the form of Exhibit F attached hereto ("Term D Note"), all terms of which are incorporated herein by this reference. Subject to the terms and conditions of this Agreement, Bank hereby confirms that Term Loan D remains in full force and effect. Any reference in the Term D Note to any prior loan agreement between Bank and Borrower shall be deemed a reference to this Agreement.
Term Loan D. The Term Loan in the principal amount equal to $10,000,000 made by the Lenders to the Borrower and converted into Term Loan D on the Amendment No. 3 Effective Date.
Term Loan D. Upon written request from Borrowing Agent after the First Amendment Effective Date and not less than five (5) Business Days prior to the date funding thereof is requested to be made, Lender shall make a term loan to the Borrowers in an amount equal to Two Million Dollars ($2,000,000) ('Term Loan D') so long as (and only so long as) the following conditions precedent (all such documents and other items collectively constituting the 'Term Loan D Conditions Precedent,' and to be in form and substance satisfactory to Lender) are satisfied (in Lender's sole judgment):
(i) The amount of Term Loan D is funded to the Lender by Chatham pursuant to the Participation Agreement, and Chatham has otherwise complied with its obligations under the Participation Agreement;
(ii) The date of funding of Term Loan D is on or before December 31, 2003;
(iii) Term Loan D Note (in the form attached to the First Amendment as Exhibit B) is duly executed by the Borrowers and delivered to Lender;
(A) AM Communications shall have delivered to Chatham a fully detachable warrant, substantially in the form attached to the First Amendment Exhibit C-4 (the "Second Chatham Warrant") to purchase that percentage of the outstanding equity securities of the AM Communications which, when added to the percentage of the outstanding equity securities of AM Communications purchasable upon exercise of the First Chatham Warrant, equals four and one-half percent (4.5%) of the outstanding equity securities of AM Communications, and (B) AM Communications will deliver to Lender a fully detachable warrant, substantially in the form attached to the First Amendment as Exhibit C-5 (the "Second Lender Warrant") to purchase that percentage of the outstanding equity securities of AM Communications which, when added to the percentage of the outstanding equity securities of AM Communications purchasable upon exercise of the First Lender Warrant, equals one-half percent (0.5%) of the outstanding equity securities of AM Communications;
(v) The Borrowers' Consolidated EBITDA for the four (4)-month period ending on the last day of the month immediately preceding the Lender's receipt of Borrowing Agent's written funding request for Term Loan D shall not have been less than One Million Five Hundred Thousand Dollars ($1,500,000);
(vi) Payment to the Lender of the following fees: (A) the Second Facility Fee, and (B) the first installment of the Second Fixed Rate Fee;
(vii) Payment of all outstanding out-of-pocket expenses ...
