Term Loans and Term Notes Sample Clauses

Term Loans and Term Notes. (a) The Term Loan made by each Bank shall mature in the number of installments having the amounts and dates determined pursuant to subsection 3.1(b), and shall bear interest on the unpaid principal amount thereof from November 12, 1992 until payment or prepayment in full thereof in accordance with subsection 3.2. The Term Loans shall initially be Alternate Base Rate Loans and/or Eurodollar Loans in the same proportions as in effect under the Existing Credit Agreement on the Effective Date and, in the case of Eurodollar Loans, having the same initial Interest Period(s) as in effect on the Effective Date under the Existing Credit Agreement. (b) Subject to the provisions of subsection 5.1, the Term Loan made by each Bank shall be evidenced by a promissory note of the Partnership substantially in the form of Exhibit A (collectively, the "Term Notes") and payable to the order of such Bank. Each Term Note shall (i) be dated November 12, 1992, (ii) be in the original principal amount of the Term Loan made by each Bank, (iii) be stated to mature in (x) twenty-two (22) consecutive quarterly installments each of which shall be equal to such Bank's Pro Rata Percentage as on the date of each such payment in the amount of $750,000 and each of which shall be payable, on the last day of each March, June, September and December, commencing on the first such day to occur after November 12, 1992 and (y) a final payment in an amount equal to the then outstanding principal amount of the Term Note of such Bank on March 31, 1998 (as to each Bank, its "Balloon Payment"), (iv) bear interest for the period from the date thereof until paid in full at the applicable interest rate provided in, and payable as specified in, subsection 3.2, (v) be subject to optional and mandatory prepayment as provided in, and payable as specified in, Section 4, and (vi) be subject to the provisions hereof, including subsection 12.1.
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Term Loans and Term Notes. So long as Bank is lender, all of the terms, conditions and covenants of this Agreement have been complied with and there has not been at any time an Event of Default, on the Completion Date, the Construction Loan shall be paid in full by the following Swap Loan, Variable Rate Loan and Long Term Revolving Loan (collectively, the “Term Loans”) and execution of the following Swap Note, Variable Rate Note and Long Term Revolving Note (collectively, the “Term Notes”): (a) Swap Loan. A loan in the amount of $17,000,000 (the “Swap Loan”) evidenced by the execution and delivery of a promissory note dated March 10, 2006 and subject to the terms and conditions of this Agreement, in the principal amount of $17,000,000 and having a maturity date of March 10, 2011 (the “Swap Note”) in the form attached hereto as Exhibit C; (b) Variable Rate Loan. A loan in the amount of $12,000,000 (the “Variable Rate Loan”) evidenced by the execution and delivery of a promissory note dated March 10, 2006 and subject to the terms and conditions of this Agreement, in the principal amount of $12,000,000 and having a maturity date of March 10, 2011 (the “Variable Rate Note”) in the form attached hereto as Exhibit D; and
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Term Loans and Term Notes. On the Construction Loan Termination Date and so long as (i) Bank is lender, (ii) all of the terms, conditions and covenants of this Agreement have been complied with and (iii) there has not been at any time an Event of Default, the entire principal amount and all accrued and unpaid interest under the Construction Note shall be converted to and replaced by the following Term Loans and execution and delivery by the Borrower of the following Term Notes to the Bank: (a) Swap Loan. A loan in the amount of Thirty Six Million Five Hundred and No/100ths Dollars ($36,500,000.00) (the “Swap Loan”) evidenced by the execution by the Borrower and delivery to the Bank of a promissory note dated as of the Construction Loan Termination Date and subject to the terms and conditions of this Agreement, in the principal amount of Thirty Six Million Five Hundred and No/100ths Dollars ($36,500,000.00), having a maturity date that is the date of the fifth anniversary of the Construction Loan Termination Date, and in the form of Exhibit ”N” attached hereto and incorporated herein by this reference (the “Swap Note”); (b) Variable Rate Loan. A loan in the maximum amount of Thirty Five Million Seven Hundred Seventy Eight Thousand Two Hundred Twenty Six Dollars and Ninety Four Cents ($35,778,226.94), representing the funded Construction Note, plus the amount outstanding on the Existing Variable Rate Note, less the Swap Note, and less Five Million and No/100ths Dollars ($5,000,000.00) of the Long Term Revolving Loan (the “Variable Rate Loan”) evidenced by the execution by the Borrower and delivery to the Bank of a promissory note dated as of the Construction Loan Termination Date and subject to the terms and conditions of this Agreement, in the principal amount of Thirty Five Million Seven Hundred Seventy Eight Thousand Two Hundred Twenty Six Dollars and Ninety Four Cents ($35,778,226.94), having a maturity date that is the date of the fifth anniversary of the Construction Loan Termination Date, and in the form of Exhibit ”O” attached hereto and incorporated herein by this reference (the “Variable Rate Note”); and
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Term Loans and Term Notes. (a) Conversion of Existing Advances into Term Loans on the Second Restatement Date. Notwithstanding anything to the contrary in this Agreement, subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Borrower herein set forth, as of the Second Restatement Date, $25,000,000 of the Existing Advances shall be converted into $25,000,000 in aggregate principal amount of Term Loans for all purposes of this Agreement, with the balance of such Existing Advances to be treated in accordance with the Restructuring Agreement. Each Lender shall initially retain its Pro Rata Share of the Existing Advances as Term Loans in accordance with Schedule IA hereto. In furtherance of the foregoing: (i) Any amounts owed (whether or not presently due and payable) by Borrower to a Term Lender under or in respect of an Existing Term Loan converted into a Term Loan as provided in this subsection 2.01(a) shall, as of the Second Restatement Date, be deemed to be owed under or in respect of the Term Loan into which such Existing Term Loan was converted and such amounts owed shall thereafter be evidenced by the Term Note delivered to such Lender by Borrower pursuant to subsection 2.01(c). In connection with the conversion of Existing Term Loans into Term Loans pursuant to this subsection 2.01(a), Borrower shall not be required to deliver any notice of prepayment or Notice of Borrowing or to satisfy any other condition relating to required amounts of prepayments or borrowings hereunder. (ii) Any amounts owed (whether or not presently due and payable) by Borrower to a Working Capital Lender under or in respect of an Existing Working Capital Advance converted into a Term Loan as provided in this subsection 2.01(a) shall, as of the Second Restatement Date, be deemed to be owed under or in respect of the Term Loan into which such Existing Working Capital Advance was converted and such amounts owed shall thereafter be evidenced by the Term Note delivered to such Lender by Borrower pursuant to subsection 2.01(c). In connection with the conversion of Existing Working Capital Advances into Term Loans pursuant to this subsection 2.01(a), Borrower shall not be required to deliver any notice of prepayment or Notice of Borrowing or to satisfy any other condition relating to required amounts of prepayments or borrowings hereunder. (iii) Any amounts owed (whether or not presently due and payable) by Borrower to a Lender under or in respect of...
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Term Loans and Term Notes. On the Closing Date, but effective as of the Effective Date, upon the satisfaction of the conditions precedent set forth in Sections 5.1 and 5.2, an amount equal to Thirty Six Million Five Hundred Thousand Dollars ($36,500,000) of the Existing Revolving Loans will be automatically converted to Term Loans, with a Pro Rata Share (as defined in the Existing Credit Agreement) allocated to each Lender, in the amount stated beside such Lender's name on Schedule 2.1 in the column entitled "Term Loan." The amount of the Term Loan owed to each Lender will be evidenced by a Term Note in such amount payable to such Lender, in renewal, extension and substitution of and for a portion of the Existing Revolving Loans.
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Term Loans and Term Notes 
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Related to Term Loans and Term Notes

  • Amounts and Terms of the Advances and Letters of Credit SECTION 2.01. The Advances and Letters of Credit.

  • Extensions of Term Loans and Revolving Credit Commitments (a) Notwithstanding anything to the contrary in this Agreement, pursuant to one or more offers (each, an “Extension Offer”) made from time to time by the Borrower to all Lenders of any Class of Term Loans or any Class of Revolving Credit Commitments, in each case on a pro rata basis (based on the aggregate outstanding principal amount of the respective Term Loans or Revolving Credit Commitments of the applicable Class) and on the same terms to each such Lender, the Borrower is hereby permitted to consummate from time to time transactions with individual Lenders that accept the terms contained in such Extension Offers to extend the maturity date of each such Lender’s Term Loans and/or Revolving Credit Commitments of the applicable Class and otherwise modify the terms of such Term Loans and/or Revolving Credit Commitments pursuant to the terms of the relevant Extension Offer (including, without limitation, by increasing the interest rate or fees payable in respect of such Term Loans and/or Revolving Credit Commitments (and related outstandings), modifying the amortization schedule in respect of such Lender’s Term Loans and/or modifying any prepayment premium or call protection in respect of such Lender’s Term Loans) (each, an “Extension,” and each group of Term Loans or Revolving Credit Commitments, as applicable, in each case as so extended, as well as the original Term Loans and the original Revolving Credit Commitments (in each case not so extended), being a separate Class of Term Loans from the Class of Term Loans from which they were converted, and any Extended Revolving Credit Commitments (as defined below) shall constitute a separate Class of Revolving Credit Commitments from the Class of Revolving Credit Commitments from which they were converted, it being understood that an Extension may be in the form of an increase in the amount of any outstanding Class of Term Loans or Revolving Credit Commitments otherwise satisfying the criteria set forth below), so long as the following terms are satisfied: (i) except as to interest rates, fees and final maturity (which shall be determined by the Borrower and set forth in the relevant Extension Offer), the Revolving Credit Commitment of any Revolving Credit Lender that agrees to an extension with respect to such Revolving Credit Commitment extended pursuant to an Extension (an “Extended Revolving Credit Commitment”), and the related outstandings, shall be a Revolving Credit Commitment (or related outstandings, as the case may be) with the same terms as the original Class of Revolving Credit Commitments (and related outstandings); provided that at no time shall there be Revolving Credit Commitments hereunder (including Extended Revolving Credit Commitments and any original Revolving Credit Commitments) which have more than three different maturity dates, (ii) except as to interest rates, fees, amortization, final maturity date, premium, required prepayment dates and participation in prepayments (which shall, subject to immediately succeeding clauses (iii), (iv) and (v), be determined by the Borrower and set forth in the relevant Extension Offer), the Term Loans of any Term Lender that agrees to an extension with respect to such Term Loans extended pursuant to any Extension (“Extended Term Loans”) shall have the same terms as the Class of Term Loans subject to such Extension Offer, (iii) the Weighted Average Life to Maturity of any Extended Term Loans shall be no shorter than the remaining Weighted Average Life to Maturity of the Term Loans extended thereby, and the maturity of any Extended Term Loans shall not be shorter than the maturity of the Term Loans extended thereby, (iv) any Extended Term Loans may participate (x) on a pro rata basis, greater than pro rata or a less than pro rata basis in any voluntary repayments or prepayments hereunder and (y) on a pro rata basis or a less than pro rata basis (but not greater than a pro rata basis) in any mandatory repayments or prepayments hereunder, in each case as specified in the respective Extension Offer, (v) if the aggregate principal amount of the Class of Term Loans (calculated on the face amount thereof) or Revolving Credit Commitments, as the case may be, in respect of which Term Lenders or Revolving Credit Lenders, as the case may be, shall have accepted the relevant Extension Offer shall exceed the maximum aggregate principal amount of Term Loans or Revolving Credit Commitments of such Class, as the case may be, offered to be extended by the Borrower pursuant to such Extension Offer, then the Term Loans or Revolving Credit Commitments of such Class, as the case may be, of such Term Lenders or Revolving Credit Lenders, as the case may be, shall be extended ratably up to such maximum amount based on the respective principal amounts (but not to exceed actual holdings of record) with respect to which such Term Lenders or Revolving Credit Lenders, as the case may be, have accepted such Extension Offer, (vi) all documentation in respect of such Extension shall be consistent with the foregoing, and (vii) any applicable Minimum Extension Condition shall be satisfied unless waived by the Borrower and no Lender shall be obligated to extend its Term Loans or Revolving Credit Commitments unless it so agrees. (b) With respect to all Extensions consummated by the Borrower pursuant to this Section 2.15, (i) such Extensions shall not constitute voluntary or mandatory payments or prepayments for purposes of Section 2.05 and (ii) no Extension Offer is required to be in any minimum amount or any minimum increment, provided that the Borrower may at its election specify as a condition (a “Minimum Extension Condition”) to consummating any such Extension that a minimum amount (to be determined and specified in the relevant Extension Offer in the Borrower’s sole discretion and may be waived by the Borrower) of Term Loans or Revolving Credit Commitments (as applicable) of any or all applicable Classes be tendered. The Administrative Agent and the Lenders hereby consent to the transactions contemplated by this Section 2.15 (including, for the avoidance of doubt, payment of any interest, fees or premium in respect of any Extended Term Loans and/or Extended Revolving Credit Commitments on the such terms as may be set forth in the relevant Extension Offer) and hereby waive the requirements of any provision of this Agreement (including, without limitation, Sections 2.05, 2.12 and 2.13) or any other Loan Document that may otherwise prohibit any such Extension or any other transaction contemplated by this Section 2.15. (c) No consent of any Lender or the Administrative Agent shall be required to effectuate any Extension, other than (A) the consent of each Lender agreeing to such Extension with respect to one or more of its Term Loans and/or Revolving Credit Commitments (or a portion thereof) and (B) with respect to any Extension of any Class of Revolving Credit Commitments, the consent of the relevant L/C Issuer (if such L/C Issuer is being requested to issue letters of credit with respect to the Class of Extended Revolving Credit Commitments). All Extended Term Loans, Extended Revolving Credit Commitments and all obligations in respect thereof shall be Loan Obligations under this Agreement and the other Loan Documents that are secured by the Collateral on a pari passu basis with all other applicable Loan Obligations under this Agreement and the other Loan Documents. The Lenders hereby irrevocably authorize and direct the Administrative Agent to enter into amendments to this Agreement and the other Loan Documents with the Borrower as may be necessary in order to establish new Classes in respect of Revolving Credit Commitments or Term Loans so extended and such technical amendments as may be necessary or appropriate in the reasonable opinion of the Administrative Agent and the Borrower in connection with the establishment of such new Classes, in each case on terms consistent with this Section 2.15 (and to the extent any such amendment is consistent with the terms of this Section 2.15 (as reasonably determined by the Borrower), the Administrative Agent shall be deemed to have consented to such amendment, and no such consent of the Administrative Agent shall be necessary to have such amendment become effective). (d) In connection with any Extension, the Borrower shall provide the Administrative Agent at least five (5) Business Days’ (or such shorter period as may be agreed by the Administrative Agent) prior written notice thereof, and shall agree to such procedures (including, without limitation, regarding timing, rounding and other adjustments and to ensure reasonable administrative management of the credit facilities hereunder after such Extension), if any, as may be established by, or acceptable to, the Administrative Agent, in each case acting reasonably to accomplish the purposes of this Section 2.15; provided that, failure to give such notice shall in no way affect the effectiveness of any amendment entered into to effectuate such Extension in accordance with this Section 2.15.

  • AMOUNTS AND TERMS OF THE ADVANCES AND THE LETTERS OF CREDIT SECTION 2.01. The Advances and the Letters of Credit.

  • Amounts and Terms of the Loans 33 2.1. The Revolving Credit Loans............................................................................ 33 2.2. Making the Loans...................................................................................... 33 2.3. Fees ................................................................................................ 35 2.4. Reduction and Termination of the Commitments.......................................................... 36 2.5. Repayment............................................................................................. 36 2.6. Prepayments........................................................................................... 37 2.7. Conversion/Continuation Option........................................................................ 38 2.8. Interest.............................................................................................. 39 2.9. Interest Rate Determination and Protection............................................................ 40 2.10.

  • Amount and Terms of the Loans 2.1 Commitments 25 2.2 Borrowings 26 2.3 Disbursements; Funding Reliance; Domicile of Loans 29 2.4 Evidence of Debt; Notes 30

  • Tranche B Term Loans Subject to and upon the terms and conditions set forth herein, each Lender with a Tranche B Term Loan Commitment severally agrees to make a term loan (each, a “Tranche B Term Loan” and, collectively, the “Tranche B Term Loans”) to the U.S. Borrower, which Tranche B Term Loans: (i) shall be incurred by the U.S. Borrower pursuant to a single drawing on the Restatement Effective Date for the purposes described in Section 7.05(a); (ii) shall be denominated in Dollars; (iii) except as hereafter provided, shall, at the option of the U.S. Borrower, be incurred and maintained as one or more Borrowings of Base Rate Loans or Eurodollar Loans; provided (A) except as otherwise specifically provided in Section 1.10(b), all Tranche B Term Loans made as part of the same Borrowing shall at all times consist of Tranche B Term Loans of the same Type and (B) unless the Administrative Agent has determined that the Syndication Date has occurred (at which time this clause (B) shall no longer be applicable), no more than four Borrowings of Tranche B Term Loans to be maintained as Eurodollar Loans may be incurred prior to the 30th day after the Restatement Effective Date (or, if later, the last day of the Interest Period applicable to the fourth Borrowing of Eurodollar Loans referred to below), each of which Borrowings of Eurodollar Loans may only have an Interest Period of one week, and the first of which Borrowings may be made no earlier than the third Business Day, and no later than the fifth Business Day, after the Restatement Effective Date, the second of which Borrowings may only be made on the last day of the Interest Period of the first such Borrowing, the third of which Borrowings may only be made on the last day of the Interest Period of the second such Borrowing and the fourth of which Borrowings may only be made on the last day of the Interest Period of the third such Borrowing; and (iv) shall be made by each Lender in that initial aggregate principal amount as is equal to the Tranche B Term Loan Commitment of such Lender on the Restatement Effective Date (before giving effect to the termination thereof on such date pursuant to Section 3.03(b)). Once repaid, Tranche B Term Loans incurred hereunder may not be reborrowed.

  • Amount and Terms of the Credit Facility 2.1. The Commitments; Increase in Total Commitments. (a) Subject to the terms and conditions hereof, each Lender severally agrees to make revolving credit loans to the Borrower from time to time during the Commitment Period in an aggregate principal amount at any one time outstanding that will not result in such Lender's Exposure exceeding such Lender's Commitment. During the Commitment Period the Borrower may use the Commitments by borrowing, prepaying the Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. Notwithstanding anything to the contrary in this Agreement, in no event may Loans be borrowed under this Section 2 if, after giving effect thereto, the aggregate principal amount of the Total Exposures at such time would exceed the Total Commitments then in effect. The Loans may from time to time be Eurodollar Loans or ABR Loans, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.2 and 2.6. (b) In the event that the Borrower wishes from time to time to increase the Total Commitments, it shall notify the Administrative Agent in writing of the amount (the "Commitment Increase Amount") of such proposed increase (such notice, a "Commitment Increase Notice"), and the Administrative Agent shall notify each Lender of such proposed increase. The Borrower may, at its election (i) offer one or more of the Lenders the opportunity to participate in all or a portion of the Commitment Increase Amount pursuant to paragraph (d) below and/or (ii) with the consent of the Administrative Agent and the Issuing Lender (which consent shall not be unreasonably withheld or delayed), offer one or more additional banks, financial institutions or other entities the opportunity to participate in all or a portion of the Commitment Increase Amount pursuant to paragraph (c) below. Each Commitment Increase Notice shall specify which Lenders and/or banks, financial institutions or other entities the Borrower desires to participate in such Commitment increase. The Borrower or, if requested by the Borrower, the Administrative Agent, will notify such Lenders and/or banks, financial institutions or other entities of such offer. Each Commitment Increase Amount shall be at least $50,000,000. (c) Any additional bank, financial institution or other entity which the Borrower selects to offer participation in the increased Commitments and which elects to become a party to this Agreement and provide a Commitment in an amount so offered and accepted by it pursuant to Section 2.1(b)

  • Term Loan Notes If so requested by any Lender by written notice to Borrower (with a copy to Administrative Agent) at least two (2) Business Days prior to the Closing Date, or at any time thereafter, Borrower shall execute and deliver to such Lender (and/or, if applicable and if so specified in such notice, to any Person who is an assignee of such Lender pursuant to Section 10.6) on the Closing Date (or, if such notice is delivered after the Closing Date, promptly after Borrower’s receipt of such notice) a Term Loan Note or Term Loan Notes to evidence such Lender’s Term Loans to such Borrower.

  • Repayment of Term Loans (1) The Borrower will repay to the Administrative Agent for the ratable account of the applicable Lenders with Tranche B Term Loans on the last Business Day of each fiscal quarter of the Borrower, commencing with the last Business Day of the fiscal quarter of the Borrower ending on or about July 31, 2017, an aggregate principal amount equal to 0.25% of the aggregate principal amount of the Tranche B Term Loans funded on the Closing Date, which payments will be reduced as a result of the application of prepayments of Tranche B Term Loans in accordance with the order of priority set forth in Section 2.07 or 2.08, as applicable (each such date being referred to as an “Original Term Loan Installment Date”); (a) In the event that any Incremental Term Loans are made, the Borrower will repay Borrowings consisting of Incremental Term Loans on the dates (each an “Incremental Term Loan Installment Date”) and in the amounts set forth in the applicable Incremental Facility Amendment, (b) in the event that any Other Term Loans are made, the Borrower will repay Borrowings consisting of Other Term Loans on the dates (each an “Other Term Loan Installment Date”) and in the amounts set forth in the applicable Refinancing Amendment and (c) in the event that any Extended Term Loans are made, the Borrower will repay Borrowings consisting of Extended Term Loans on the dates (each an “Extended Term Loan Installment Date”) and in the amounts set forth in the applicable Extension Amendment; and

  • Tranche A Term Loans Subject to the terms and conditions set forth herein, each Tranche A Term Loan Lender agrees to make a Tranche A Term Loan to the Borrower on the Effective Date in a principal amount not exceeding its Tranche A Term Loan Commitment. Amounts repaid in respect of Tranche A Term Loans may not be reborrowed hereunder.

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