Term Loans Generally. Not later than 1:00 P.M. New York time on the Closing Date, and subject to the provisions of Section 1.01 with respect to the continuation of outstanding amounts of the Term Loan under (and as defined in) the Existing Agreement as a portion of the Term Loan B Facility hereunder, each Term Lender shall, pursuant to the terms and subject to the conditions of this Agreement, make the amount of its Pro Rata Term A Share of the Term Loan A and/or (to the extent not already funded under the Existing Agreement and continued hereunder pursuant to Section 1.01) its Pro Rata Term B Share of the Term Loan B, as applicable, available by wire transfer to the Administrative Agent. Such wire transfer shall be directed to the Administrative Agent at the Administrative Agent’s Office and shall be in Same Day Funds in Dollars. The amount so received by the Administrative Agent shall, subject to the terms and conditions of this Agreement, including without limitation the satisfaction of all applicable conditions in Sections 5.01 and 5.02, be made available to the Borrower by delivery of the proceeds thereof as shall be directed by the Responsible Officer of the Borrower and reasonably acceptable to the Administrative Agent. The initial Borrowing of the Term Loans may be Eurocurrency Rate Segments, Base Rate Segments, or both; provided that if the Borrower desires that any portion of the initial Borrowing of either Term Loan is advanced as a Eurocurrency Rate Segment, the Administrative Agent shall make such Borrowing as a Eurocurrency Rate Segment only if, not later than three Business Days prior to the date that is then anticipated to be the Closing Date, the Administrative Agent has received from the Borrower a Term Loan Interest Rate Selection Notice with respect thereto, together with the Borrower’s written acknowledgement in form and substance satisfactory to the Administrative Agent that the provisions of Section 4.05 hereof shall apply to any failure by the Borrower to borrow on the date set forth in such Term Loan Interest Rate Selection notice any or all of the amounts specified in such Term Loan Interest Rate Selection Notice.
Appears in 5 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)
Term Loans Generally. Not later than 1:00 P.M. New York time (i) Pursuant to the 2021 Amendment, the Borrower shall incur, on the Closing 2021 Amendment Effective Date, and subject (A) one or more “term A” term loans (each, an “Initial Term A Loan”) in an aggregate principal amount not to exceed the provisions of Section 1.01 with respect to amount set forth opposite such Lender’s name in Schedule A-1 hereto under the continuation of outstanding amounts of the heading “Initial Term A Loan under (and Commitment”, as defined in) the Existing Agreement as a portion of the Term Loan B Facility hereunder, each Term Lender shall, such amount may be adjusted or reduced pursuant to the terms hereof and subject (B) one or more “tranche B” term loans (each, an “Initial Term B Loan”) in an aggregate principal amount not to the conditions of this Agreement, make exceed the amount of its Pro Rata Term A Share of the Term Loan A and/or (to the extent not already funded set forth opposite such Xxxxxx’s name in Schedule A-2 hereto under the Existing Agreement and continued hereunder pursuant to Section 1.01) its Pro Rata heading “Initial Term B Share of the Term Loan BCommitment”, as applicable, available by wire transfer to the Administrative Agent. Such wire transfer shall such amount may be directed to the Administrative Agent at the Administrative Agent’s Office and shall be in Same Day Funds in Dollars. The amount so received by the Administrative Agent shall, subject adjusted or reduced pursuant to the terms hereof.
(ii) The Initial Term A Loans and conditions the Initial Term B Loans, except as hereinafter provided, shall, at the option of this Agreement, including without limitation the satisfaction of all applicable conditions in Sections 5.01 and 5.02Borrower, be made available Incurred and maintained as, and/or converted into, ABR Loans or EurocurrencyTerm Benchmark Loans. Once repaid, the Initial Term A Loans and the Initial Term B Loans Incurred hereunder may not be reborrowed. On the 2021 Amendment Effective Date, (i) after giving effect to the Borrower by delivery Incurrence of the proceeds thereof as shall be directed by Initial Term A Loans on such date, the Responsible Officer Initial Term A Loan Commitments of the Borrower applicable Lenders shall terminate and reasonably acceptable (ii) after giving effect to the Administrative Agent. The initial Borrowing Incurrence of the Initial Term B Loans may be Eurocurrency Rate Segmentson such date, Base Rate Segments, or both; provided that if the Borrower desires that any portion Initial Term B Loan Commitments of the initial Borrowing of either Term Loan is advanced as a Eurocurrency Rate Segment, the Administrative Agent applicable Lenders shall make such Borrowing as a Eurocurrency Rate Segment only if, not later than three Business Days prior to the date that is then anticipated to be the Closing Date, the Administrative Agent has received from the Borrower a Term Loan Interest Rate Selection Notice with respect thereto, together with the Borrower’s written acknowledgement in form and substance satisfactory to the Administrative Agent that the provisions of Section 4.05 hereof shall apply to any failure by the Borrower to borrow on the date set forth in such Term Loan Interest Rate Selection notice any or all of the amounts specified in such Term Loan Interest Rate Selection Noticeterminate.
Appears in 1 contract
Samples: Credit Agreement (Frontdoor, Inc.)
Term Loans Generally. Not later than 1:00 P.M. New York time (i) Pursuant to the 2021 Amendment, the Borrower shall incur, on the Closing 2021 Amendment Effective Date, and subject (A) one or more “term A” term loans (each, an “Initial Term A Loan”) in an aggregate principal amount not to exceed the provisions of Section 1.01 with respect to amount set forth opposite such Lender’s name in Schedule A-1 hereto under the continuation of outstanding amounts of the heading “Initial Term A Loan under (and Commitment”, as defined in) the Existing Agreement as a portion of the Term Loan B Facility hereunder, each Term Lender shall, such amount may be adjusted or reduced pursuant to the terms hereof and subject (B) one or more “tranche B” term loans (each, an “Initial Term B Loan”) in an aggregate principal amount not to the conditions of this Agreement, make exceed the amount of its Pro Rata Term A Share of the Term Loan A and/or (to the extent not already funded set forth opposite such Lender’s name in Schedule A-2 hereto under the Existing Agreement and continued hereunder pursuant to Section 1.01) its Pro Rata heading “Initial Term B Share of the Term Loan BCommitment”, as applicable, available by wire transfer to the Administrative Agent. Such wire transfer shall such amount may be directed to the Administrative Agent at the Administrative Agent’s Office and shall be in Same Day Funds in Dollars. The amount so received by the Administrative Agent shall, subject adjusted or reduced pursuant to the terms hereof.
(ii) The Initial Term A Loans and conditions the Initial Term B Loans, except as hereinafter provided, shall, at the option of this Agreement, including without limitation the satisfaction of all applicable conditions in Sections 5.01 and 5.02Borrower, be made available Incurred and maintained as, and/or converted into, ABR Loans or Eurocurrency Loans. Once repaid, the Initial Term A Loans and the Initial Term B Loans Incurred hereunder may not be reborrowed. On the 2021 Amendment Effective Date, (i) after giving effect to the Borrower by delivery Incurrence of the proceeds thereof as shall be directed by Initial Term A Loans on such date, the Responsible Officer Initial Term A Loan Commitments of the Borrower applicable Lenders shall terminate and reasonably acceptable (ii) after giving effect to the Administrative Agent. The initial Borrowing Incurrence of the Initial Term B Loans may be Eurocurrency Rate Segmentson such date, Base Rate Segments, or both; provided that if the Borrower desires that any portion Initial Term B Loan Commitments of the initial Borrowing of either Term Loan is advanced as a Eurocurrency Rate Segment, the Administrative Agent applicable Lenders shall make such Borrowing as a Eurocurrency Rate Segment only if, not later than three Business Days prior to the date that is then anticipated to be the Closing Date, the Administrative Agent has received from the Borrower a Term Loan Interest Rate Selection Notice with respect thereto, together with the Borrower’s written acknowledgement in form and substance satisfactory to the Administrative Agent that the provisions of Section 4.05 hereof shall apply to any failure by the Borrower to borrow on the date set forth in such Term Loan Interest Rate Selection notice any or all of the amounts specified in such Term Loan Interest Rate Selection Noticeterminate.
Appears in 1 contract
Samples: Credit Agreement (Frontdoor, Inc.)