Term Loan Facilities. (i) Subject to the terms and conditions contained in this Agreement, each Term Loan Lender agrees to make one or more loans pursuant to this Section 2.01(c) (collectively, the “Term Loans”) to Borrowers on the Closing Date in an aggregate principal amount which does not exceed the amount of such Lender’s Term Loan Commitment; provided, however, that:
(A) Term Loan Lenders shall have no obligation to make any Term Loans if, after giving effect to such Term Loans, the sum of the aggregate amount of the Term Loans then outstanding plus the amount of the requested Term Loans would exceed the Aggregate Term Loan Commitments then in effect; and
(B) the sum of (1) the aggregate principal amount of all Term Loans made on the Closing Date, (2) the then outstanding unpaid principal balance of Revolving Credit Loans (after deducting therefrom the amount to be paid on the Closing Date from the proceeds of the requested Term Loans), (3) the Letter of Credit Usage, and (4) all other Senior Debt then outstanding, shall not exceed the lesser of (x) forty-five percent (45%) of the Compressed Sale Value of Stations, and (y) Fifty-Five Million Dollars ($55,000,000); and
(C) the sum of (1) the aggregate principal amount of all Term Loans made on the Closing Date, (2) the then outstanding unpaid principal balance of Revolving Credit Loans (after deducting therefrom the amount to be paid on the Closing Date from the proceeds of the requested Term Loans), and (3) the Letter of Credit Usage, shall not exceed forty-five percent (45%) of the Compressed Sale Value of Eligible Stations.
(ii) The borrowings under this Section 2.01(c) shall be evidenced by Borrowers’ Secured Promissory Notes issued to the respective Term Loan Lenders (together with any additional Secured Promissory Notes issued to assignee(s) of the Term Loan Lenders under Article XII or otherwise issued in addition thereto, in substitution therefor or amendment or replacement thereof, collectively the “Term Notes”), such Term Notes to be in the form of Exhibit B attached hereto.
(iii) Borrowers may borrow on the Closing Date under this Section 2.01(c) within the limits of the Aggregate Term Loan Commitments; provided, however, that Borrowers shall not have the right to re-borrow principal amounts repaid or prepaid in respect to the Term Loans. Interest on the Term Loans shall be paid as required under Section 2.02 and under Section 2.05 in connection with all mandatory and voluntary prepayments of the Term Loans.
(iv)...
Term Loan Facilities. The Term Loans are not revolving in nature, and amounts repaid or prepaid in respect thereof may not be reborrowed.
Term Loan Facilities. Subject to the terms and conditions set forth in this Agreement and the other Loan Documents, (x) Lender hereby agrees to lend to Debtor in a single advance an aggregate sum not to exceed ONE MILLION NINE HUNDRED EIGHTY-EIGHT THOUSAND NINE HUNDRED TEN AND NO/100 DOLLARS ($1,988,910.00) (the “Term Loan Facility — Tranche A”) on SEPTEMBER 16, 2010 and continuing until: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; (ii) SEPTEMBER 16, 2013; or (iii) such other date as may be established by a written instrument between Debtor and Lender from time to time (the “Term Maturity Date — Tranche A”), (y) Lender hereby agrees to lend to Debtor in a single advance an aggregate sum not to exceed TWO MILLION NINE HUNDRED EIGHTY-SIX THOUSAND TWO HUNDRED AND N0/100 DOLLARS ($2,986,200.00) (the “Term Loan Facility — Tranche B”) on DECEMBER 30, 2010 and continuing until: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; (ii) DECEMBER 30, 2013; or (iii) such other date as may be established by a written instrument between Debtor and Lender from time to time (the “Term Maturity Date — Tranche B”), and (z) Lender hereby agrees to lend to Debtor in a single advance an aggregate sum not to exceed SIX MILLION SEVEN HUNDRED SIXTY-FIVE THOUSAND SIX HUNDRED NINETEEN AND 22/100 DOLLARS ($6,765,619.22) (the “Term Loan Facility — Tranche C,” and together with the Term Loan Facility — Tranche A and the Term Loan Facility — Tranche B, the “Term Loan Facility”) on AUGUST 31, 2011 and continuing until: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; (ii) AUGUST 31, 2014; or (iii) such other date as may be established by a written instrument between Debtor and Lender from time to time (the “Term Maturity Date — Tranche C”).
Term Loan Facilities. Subject to the terms of this Agreement, the Lenders make available to:
(a) the Company and other Borrowers agreed to by the Lenders, term loan facilities in an aggregate amount equal to the Total General Term Loan Commitments as follows:
(i) a term loan facility in the maximum aggregate amount of €467,657,129 (“A1 Term Loan Facility”) to be available in euros;
(ii) a term loan facility in the maximum aggregate amount of €1,132,580,714 (“B1 Term Loan Facility”) to be available in euros; and
(iii) a term loan facility in the maximum aggregate amount of €1,132,580,714 (“C1 Term Loan Facility”) to be available in euros;
(b) the Restricted Borrower in an aggregate amount equal to the Total Restricted Term Loan Commitments as follows:
(i) a term loan facility in the maximum aggregate amount of €32,342,871 (“A2 Term Loan Facility”);
(ii) a term loan facility in the maximum aggregate amount of €78,328,565 (“B2 Term Loan Facility”); and
(iii) a term loan facility in the maximum aggregate amount of €78,328,565 (“C2 Term Loan Facility”).
Term Loan Facilities. 23 SECTION 4.1.
Term Loan Facilities. (a) Each General Term Loan Facility may be used in or towards financing the following:
(i) part-financing the acquisition by the Company of Target Shares other than the Restricted Target Shares;
(ii) refinancing existing indebtedness of the JSG Group and the Target Group and the acquisition by Smurfit Deutschland GmbH of loans to Kappa Packaging (Deutschland) GmbH as contemplated in the Structure Memorandum;
(iii) the payment of the Acquisition and Refinancing Costs; and
(iv) to the extent not otherwise covered herein, the Permitted Post Closing Drawing Purposes.
(b) Each Restricted Term Loan Facility may only be used in or towards financing the acquisition by the Restricted Borrower of Restricted Target Shares.
Term Loan Facilities. Subject to the terms and conditions set forth in this Agreement and the other Loan Documents, (w) Lender hereby agrees to lend to Debtor in a single advance an aggregate sum not to exceed SEVEN MILLION SEVEN HUNDRED ONE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($7,701,800.00) (the “Term Loan Facility — Tranche D”) on JANUARY 26, 2012 which shall be due and payable on the earlier of: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; or (ii) JANUARY 26, 2017, (x) Lender hereby agrees to lend to Debtor in a single advance an aggregate sum not to exceed SEVEN MILLION AND NO/100 DOLLARS ($7,000,000.00) (the “Term Loan Facility — Tranche E”) on OCTOBER 11, 2012 which shall be due and payable on the earlier of (i) the acceleration of the Indebtedness pursuant to the
Term Loan Facilities. The Tranche A Term Loan Facility and the Tranche B Term Loan Facility will have the terms set forth in the respective Term Loan Facilities Term Sheets.
Term Loan Facilities. Subject to the terms of this Agreement, the Lenders make available to the Borrowers:
(a) a committed Euro term loan facility with an Extension Option in an aggregate amount equal to the Total A Term Loan Commitments;
(b) a committed Euro term loan facility in an aggregate amount equal to the Total B Term Loan Commitments; and
(c) a committed Euro term loan facility in an aggregate amount equal to the Total C Term Loan Commitments.
Term Loan Facilities. Xxxxxxx shall have closed the First Lien Credit Facility and borrowed $185.0 million under such First Lien Credit Facility; (ii) Xxxxxxx shall have closed the Second Lien Credit Facility and borrowed $265.0 million under such Second Lien Credit Facility; and (iii) Xxxxxxx shall have consummated the Financing Transactions, repaid all amounts outstanding under each of the Refinanced Facilities, terminated any and all commitments with respect thereto and any and all Liens and/or other security interests granted or created thereunder shall have been released and/or terminated, and, in each case, Xxxxxxx shall have provided to the Agent satisfactory evidence of such.
