The Term Loan. Subject to the terms and conditions hereof (including Sections 6.1, 6.2 and 6.3), each Bank, by its acceptance hereof, severally agrees to make a term loan in U.S. Dollars (the “Term Loan”) prior to the Commitment Termination Date; such Term Loan shall be made in one draw on the Initial Loan Date and in an original principal amount (i) up to the amount of such Bank’s commitment set forth opposite the name of such Bank on Schedule 2.1 hereto (such amount, as reduced pursuant to Section 2.12 or changed as a result of one or more assignments under Section 11.10 its “Commitment” and, cumulatively for all the Banks, the “Commitments”) and (ii) equal to an amount designated by the Borrower (but not to exceed the aggregate amount of the Commitments then outstanding) in an executed written notice in form satisfactory to (and delivered not later than three (3) Business Days beforehand) to the Administrative Agent. Each Bank’s obligation to fund the Term Loan shall be limited to such Bank’s own Commitment, the Borrowing of the Term Loan shall be made ratably from the Banks in proportion to their respective Percentages and no Bank shall have any obligation to fund any portion of the Term Loan required to be funded by any other Bank, but not so funded. The Borrower shall not have any right to reborrow any portion of the Term Loan which is repaid or prepaid from time to time. The Commitments shall terminate on the Commitment Termination Date. As provided in Section 2.5(a) hereof, Borrower may elect that such initial Borrowing of the Term Loan be either Base Rate Loans or Eurodollar Loans (subject to any applicable limitations set forth in this Agreement). Unless an earlier maturity is provided for hereunder, the Term Loan shall mature and be due and payable on the Termination Date.
Appears in 2 contracts
Samples: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)
The Term Loan. (a) Subject to the terms and conditions hereof (including Sections 6.1set forth in this Agreement and so long as no Default or Event of Default shall have occurred and be continuing, 6.2 and 6.3), each Bank, by its acceptance hereof, severally Lender agrees to make a term loan in U.S. Dollars (the “Term Loan”) prior to the Commitment Termination Date; such Term Loan shall be made in one draw on Advances to Borrower, at any time and from time to time during the Initial Term Loan Date and Draw Availability Period, in an original principal aggregate amount (i) up to the amount of such Bank’s commitment set forth opposite the name of such Bank on Schedule 2.1 hereto (such amount, as reduced pursuant to Section 2.12 or changed as a result of one or more assignments under Section 11.10 its “Commitment” and, cumulatively for all the Banks, the “Commitments”) and (ii) equal to an amount designated by the Borrower (but not to exceed the aggregate amount Term Loan Commitment. To the extent that, on the last day of the Commitments Term Loan Draw Availability Period, there remains any Term Loan Commitment amount that has not been the subject of a Term Loan Advance, then outstandingthe Term Loan Commitment shall terminate on such date and Lender shall no longer be obligated to make Term Loan Advances to Borrower thereafter. The Term Loan is not a revolving credit facility, and any repayments of principal shall be applied to permanently reduce the Term Loan Commitment and may not be reborrowed.
(b) Subject to the terms and conditions set forth in an executed this Agreement and so long as no Default or Event of Default shall have occurred and be continuing, Borrower may give Lender irrevocable written notice in form satisfactory requesting a Term Loan Advance of not less than Ten Thousand Dollars ($10,000) under the Term Loan Commitment by delivering to (and delivered Lender not later than 11:00 a.m. (Eastern Time) at least three (3) but not more than five (5) Business Days beforehand) before the proposed Borrowing Date of such requested Term Loan Advance. Each time a request for a Term Loan Advance is made, Borrower shall deliver to Lender a Term Loan Borrowing Certificate and such other supporting documentation with respect to the Administrative Agent. Each Bank’s obligation to fund figures and information in the Term Loan Borrowing Certificate as Lender shall be limited reasonably request. On each Borrowing Date, Borrower irrevocably authorizes Lender to such Bank’s own Commitment, disburse the Borrowing proceeds of the requested Term Loan shall be made ratably from the Banks in proportion Advance to their respective Percentages and no Bank shall have any obligation to fund any portion of the Term Loan required to be funded by any other Bank, but not so funded. The Borrower shall not have any right to reborrow any portion of the Term Loan which is repaid or prepaid from time to time. The Commitments shall terminate on the Commitment Termination Date. As provided in Section 2.5(aBorrower’s account(s) hereof, Borrower may elect that such initial Borrowing of the Term Loan be either Base Rate Loans or Eurodollar Loans (subject to any applicable limitations as set forth on Schedule 2.3, in this Agreementall cases for credit to Borrower via Federal funds wire transfer no later than 4:00 p.m. (Eastern Time). Unless an earlier maturity is provided for hereunder, the Term Loan shall mature and be due and payable on the Termination Date.
Appears in 2 contracts
Samples: Revolving Credit, Delayed Draw Term Loan and Security Agreement (Sweetgreen, Inc.), Revolving Credit, Delayed Draw Term Loan and Security Agreement (Sweetgreen, Inc.)
The Term Loan. Subject to the terms and conditions hereof (including Sections 6.1set forth in this Agreement, 6.2 and 6.3), each Bank, by its acceptance hereof, severally Lender agrees to make a term loan in U.S. Dollars (the “Term Loan”) prior to the Commitment Termination Date; such Term Loan shall be made available to Borrower in one draw on the Initial Loan Date and in an original principal amount (i) up to the amount of such Bank’s commitment set forth opposite the name of such Bank on Schedule 2.1 hereto (such amount, as reduced pursuant to Section 2.12 or changed as a result of one or more assignments under Section 11.10 its “Commitment” and, cumulatively for all the Banks, the “Commitments”) and (ii) equal to an amount designated by the Borrower (but not to exceed the aggregate amount of the Commitments then outstanding) in an executed written notice in form satisfactory to (and delivered not later than three (3) Business Days beforehand) to the Administrative Agent. Each Bank’s obligation to fund the Term Loan shall be limited to such Bank’s own Commitment, the Borrowing of the Term Loan shall be Amount by continuing the outstanding principal amount of the Existing Term Loan made ratably by Lender under the Existing Credit Agreement and advancing additional funds as provided in this Agreement, so that as long as no Default or Event of Default has occurred or is continuing, Borrower may, commencing as of the Restatement Date from time to time prior to the Banks in proportion to their respective Percentages and no Bank shall have any obligation to fund any portion close of business on the Term Loan required to be funded by any other BankMaturity Date, but borrow, in one or more Term Loan Draws, an amount which, when aggregated with the outstanding principal amount of the Existing Term Loan continued hereunder, does not so funded. The Borrower shall not have any right to reborrow any portion of exceed in the aggregate the Term Loan which is repaid or prepaid Amount in effect from time to time. The Commitments Term Loan is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. So long as no Default or Event of Default shall terminate on have occurred and be continuing, Borrower Agent may give Lender irrevocable written notice requesting a Term Loan Draw by delivering to Lender not later than 11:00 a.m. (Eastern Standard Time) at least one (1) but not more than four (4) Business Days before the Commitment Termination proposed borrowing date of such requested Term Loan Draw (the "Term Loan Borrowing Date. As provided "), a completed Borrowing Certificate and relevant supporting documentation satisfactory to Lender, which shall (i) specify the proposed Term Loan Borrowing Date which shall be a Business Day, (ii) specify the principal amount of such requested Term Loan Draw, (iii) certify the matters contained in Section 2.5(a) hereof, Borrower may elect that such initial Borrowing of the Term Loan be either Base Rate Loans or Eurodollar Loans (subject to any applicable limitations set forth in this Agreement). Unless an earlier maturity is provided for hereunder, the Term Loan shall mature 4.2 and be due and payable on the Termination Date.Section
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (PHC Inc /Ma/)
The Term Loan. (a) Subject to the terms and conditions hereof (including Sections 6.1provided for in this Agreement, 6.2 and 6.3), each Bank, by its acceptance hereof, severally the Lender agrees to make a term loan Term Loan to the Borrower in U.S. Dollars an aggregate principal amount of US$80,000,000.
(b) The Borrower shall (subject to the immediately succeeding proviso) repay US$18,000,000 of the outstanding principal amount of the Term Loan (the “Term LoanFirst Installment”) prior on the Reset Date; provided, however, that (i) the Borrower shall have two Business Days after such Reset Date to make such payment (the “First Repayment Date”) and (ii) if in accordance with Argentine Foreign Exchange Regulations, all or any part of the Mandatory Deposit may be released before the Reset Date, then 100% of the amounts that may be so released shall be transferred to the Commitment Termination Lender and pledged (pursuant to customary pledge agreements to be agreed by the Borrower and the Lender) to the Lender as collateral for the Borrower’s obligations hereunder in an interest bearing account of the Lender located in New York, New York, for the benefit of the Lender, until the First Repayment Date; such , on which date all pledged funds deposited therein shall be used to repay the Term Loan as set forth in this Section 2.1(b) (it being understood and agreed that any excess amounts shall be transferred to the Borrower).
(c) The Borrower shall repay all the balance of the Term Loan outstanding after the payment of the First Installment (the “Balance”) on July 24, 2009 (the “Maturity Date”) or, at any other time, as otherwise required expressly hereunder.
(d) All payments of principal and interest on the Term Loan shall be made in one draw on the Initial Loan Date and in an original principal amount (i) up Dollars to the amount account of such Bank’s commitment set forth opposite the name of such Bank on Schedule 2.1 hereto Lender notified to the Borrower in writing (such amount, as reduced pursuant to Section 2.12 or changed as a result of one or more assignments under Section 11.10 its “Commitment” and, cumulatively for all the Banks, the “CommitmentsPayment Account”) and (ii) equal to an amount designated by the Borrower (but not to exceed the aggregate amount of the Commitments then outstanding) in an executed written notice in form satisfactory to (and delivered not later than three (3) Business Days beforehand) to the Administrative Agent. Each Bank’s obligation to fund the Term Loan shall be limited to such Bank’s own Commitment, the Borrowing of the Term Loan shall be made ratably from the Banks in proportion to their respective Percentages and no Bank shall have any obligation to fund any portion of the Term Loan required to be funded by any other Bank, but not so funded. The Borrower shall not have any right to reborrow any portion of the Term Loan which is repaid or prepaid from time to time. The Commitments shall terminate on the Commitment Termination Date. As provided in Section 2.5(a) hereof, Borrower may elect that such initial Borrowing of the Term Loan be either Base Rate Loans or Eurodollar Loans (subject to any applicable limitations set forth in this Agreement). Unless an earlier maturity is provided for hereunder, the Term Loan shall mature and be due and payable on the Termination Date.
Appears in 1 contract
The Term Loan. (a) Subject to the terms and conditions hereof (including Sections 6.1set forth in this Agreement, 6.2 and 6.3), each Bank, by its acceptance hereof, severally the Bank agrees to make a term loan in U.S. Dollars (the “Term Loan”) prior Loan to the Commitment Termination Borrower on the Effective Date; such . The Term Loan shall be made in one draw on the Initial Loan Date and in an original principal amount (i) up of $10,000,000. The Term Loan shall be evidenced by a promissory note of the Borrower in form and substance satisfactory to the amount Bank (the "Term Note"), dated the Effective Date and payable to the order of such the Bank’s commitment set forth opposite .
(b) The Borrower shall pay the name of such Bank on Schedule 2.1 hereto (such amount, as reduced pursuant to Section 2.12 or changed as a result of one or more assignments under Section 11.10 its “Commitment” and, cumulatively for all the Banks, the “Commitments”) and (ii) equal to an amount designated by the Borrower (but not to exceed the aggregate outstanding principal amount of the Commitments then outstandingTerm Loan in twenty (20) consecutive quarterly installments in the amounts and during the periods set forth in the table below, such installments to be due and payable on the last day of each calendar quarter ending during such periods, commencing on June 30, 1999, with a final payment on the Term Loan Maturity Date in an executed written notice amount equal to the unpaid principal amount of the Term Loan, if any, on such date: Quarterly Annual Period Payment Amount Payment Amount May 10, 1999 through March 31, 2000 $250,000 $1,000,000 April 1, 2000 through March 31, 2000 $500,000 $2,000,000 April 1, 2001 through March 31, 2002 $500,000 $2,000,000 April 1, 2002 through March 31, 2003 $500,000 $2,000,000 April 1, 2003 through March 31, 2004 $500,000 $2,000,000 Term Loan Maturity Date The outstanding principal amount of the Term Loan, together with all interest accrued thereon.
(c) The Borrower shall have the right at any time to prepay the Term Note on or before the Term Loan Maturity Date, as a whole, or in form satisfactory to (and delivered part, upon not later less than three (3) Business Days beforehand) Days' prior written notice to the Administrative Agent. Each Bank’s obligation to fund , without premium or penalty, provided that (i) each partial prepayment shall be in the minimum principal amount of (A) $100,000 and (B) no portion of the Term Loan shall bearing interest at the Eurodollar Rate may be limited prepaid pursuant to such Bank’s own Commitment, this ss.3(c) except on the Borrowing last day of the Interest Period relating thereto. Any prepayment of principal of the Term Loan shall include all interest accrued to the date of prepayment and shall be made ratably from applied against the Banks scheduled installments of principal due on the Term Loan in proportion the inverse order of maturity. No amount repaid with respect to their respective Percentages and no Bank shall have any obligation to fund any portion the Term Loan may be reborrowed. Any voluntary prepayment of principal of the Term Loan required shall also include all interest accrued on such principal to be funded by any other Bank, but not so funded. The Borrower shall not have any right to reborrow any portion the date of the Term Loan which is repaid or prepaid from time to time. The Commitments shall terminate on the Commitment Termination Date. As provided in Section 2.5(a) hereof, Borrower may elect that such initial Borrowing of the Term Loan be either Base Rate Loans or Eurodollar Loans (subject to any applicable limitations set forth in this Agreement). Unless an earlier maturity is provided for hereunder, the Term Loan shall mature and be due and payable on the Termination Dateprepayment.
Appears in 1 contract
Samples: Loan Agreement (Scan Optics Inc)