Third Amendment Term Loans Sample Clauses

Third Amendment Term Loans. Each Lender agrees severally, but not jointly, upon the terms and subject to the conditions of this Agreement, to make to the Borrower an advance (each, a “Third Amendment Term Loan”; collectively, the “Third Amendment Term Loans”) on the Third Amendment Effective Date in the principal amount not to exceed such Lender’s Third Amendment Term Loan Commitment. Each Lender’s Third Amendment Term Loan Commitment, and the Third Amendment Term Loans made by a Lender shall be evidenced by a Term Note duly executed and delivered by the Borrower on or prior to the Third Amendment Effective Date, and be repayable in accordance with the terms of such Term Note and this Agreement. (c) Principal Repayments of the Term Loans. (i) Commencing with the July 1, 2021 Payment Date, Borrower shall make principal payments on the Term Loans to the Agent for the pro rata benefit of the Lenders in monthly installments equal to 2.7777% (such percentage being equal to 100% divided by 36 monthly installments until the Maturity Date) of the aggregate principal amount of the Term Loans (as in effect immediately prior to the making of the first such payment on
Sample 1
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Third Amendment Term Loans. Each Lender agrees severally, but not jointly, upon the terms and subject to the conditions of this Agreement, to make to the Borrower an advance (each, a “Third Amendment Term Loan”; collectively, the “Third Amendment Term Loans”) on the Third Amendment Effective Date in the principal amount not to exceed such Xxxxxx’s Third Amendment Term Loan Commitment. Each Lender’s Third Amendment Term Loan Commitment, and the Third Amendment Term Loans made by a Lender shall be evidenced by a Term Note duly executed and delivered by the Borrower on or prior to the Third Amendment Effective Date, and be repayable in accordance with the terms of such Term Note and this Agreement.
Sample 1
Third Amendment Term Loans. Each Lender agrees severally, but not jointly, upon the terms and subject to the conditions of this Agreement, to make to the Borrower an advance (each, a “Third Amendment Term Loan”; collectively, the “Third Amendment Term Loans”) on the Third Amendment Effective Date in the principal amount not to exceed such Xxxxxx’s Third Amendment Term Loan Commitment. Each Lender’s Third Amendment Term Loan Commitment, and the Third Amendment Term Loans made by a Lender shall be evidenced by a Term Note duly executed and delivered by the Borrower on or prior to the Third Amendment Effective Date, and be repayable in accordance with the terms of such Term Note and this Agreement. (c) Principal Repayments of the Term Loans. (i) Commencing with the July 1, 2021 Payment Date, Borrower shall make principal payments on the Term Loans to the Agent for the pro rata benefit of the Lenders in monthly installments equal to 2.7777% (such percentage being equal to 100% divided by 36 monthly installments until the Maturity Date) of the aggregate principal amount of the Term Loans (as in effect immediately prior to the making 3 of the first such payment on July 1, 2021), payable on each Payment Date from July 1, 2021 until and including the Maturity Date. (ii) Notwithstanding the foregoing, in the event the Mandatory Equity Issuance fails to be completed on a timely basis in accordance with Section 4.2(b), commencing with the Payment Date occurring immediately after such failure, Borrower shall make principal payments on the Term Loans to the Agent for the pro rata benefit of the Lenders in monthly installments equal to (i) with respect to any Payment Date that occurs on or prior to the date that is twenty-four (24) months following the Closing Date, 2.7777% of the aggregate principal amount of the Term Loans outstanding at such time, and (ii) with respect to any Payment Date that occurs after the date that is twenty-four (24) months after the Closing Date, 4.1666% of the aggregate principal amount of the Term Loans outstanding at such time. (iii) Subject to Section 1.2, all amounts owed hereunder with respect to the Term Loans shall be paid in full no later than the Maturity Date. Amounts repaid or prepaid on any of the Term Loans may not be reborrowed. 1.2
Sample 1
Third Amendment Term Loans. (i) On the Third Amendment Effective Date, the proceeds of all Additional Term Loans, if any, shall be used (1) to refinance in full all Existing Tranche B-1 Term Loans, other than Exchanged Term Loans, on the terms and subject to the conditions set forth herein, (2) to repay in full all Existing Tranche B-2 Term Loans, on the terms and subject to the conditions set forth herein and (3) for working capital and general corporate purposes. The commitments of the Additional Term Lenders and the undertakings of the Exchanging Term Lenders are several and no such Third Amendment Term Lender will be responsible for any other Third Amendment Term Lender’s failure to make, acquire or exchange the Third Amendment Term Loans. On the Third Amendment Effective Date, the aggregate principal amount of the Third Amendment Term Loans shall be $1,267,000,000. Each of the parties hereto acknowledges and agrees that the terms of this Third Amendment do not constitute a novation but, rather, an amendment of the terms of a pre-existing Indebtedness and related agreement, as evidenced by this Third Amendment and the Restated Credit Agreement. Each of the parties hereto acknowledges and agrees that from and after the Third Amendment Effective Date, the Third Amendment Tranche B-1 Term Loans shall constitute “Tranche B-1 Term Loans”, “Initial Term Loans”, “
Sample 1

Related to Third Amendment Term Loans

  • Third Amendment The Administrative Agent shall have received multiple counterparts as requested of this Third Amendment from the Borrower and each Lender.

  • Issuance, Amendment and Renewal of Letters of Credit (a) Each Letter of Credit shall be issued upon the irrevocable written request of the Company received by the Issuing Bank (with a copy sent by the Company to the Agent) at least three days (or such shorter time as the Issuing Bank may agree in a particular instance in its sole discretion) prior to the proposed date of issuance. Each such request for issuance of a Letter of Credit shall be by facsimile, confirmed immediately in an original writing, in the form of an L/C Application, and shall specify in form and detail satisfactory to the Issuing Bank: (i) the proposed date of issuance of the Letter of Credit (which shall be a Business Day); (ii) the face amount of the Letter of Credit; (iii) the expiry date of the Letter of Credit; (iv) the name and address of the beneficiary thereof; (v) the documents to be presented by the beneficiary of the Letter of Credit in case of any drawing thereunder; (vi) the full text of any certificate to be presented by the beneficiary in case of any drawing thereunder; and (vii) such other matters as the Issuing Bank may require.

  • First Amendment The Administrative Agent shall have received multiple counterparts as requested of the this First Amendment from each Lender.

  • Extension or Amendment of Loans The Servicer will not, except as otherwise permitted in Section 7.4(a), extend, amend or otherwise modify the terms of any Transferred Loan.

  • Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such Letter of Credit Application must be received by the L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Administrative Agent and the L/C Issuer may agree in a particular instance in their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) such other matters as the L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the L/C Issuer (A) the Letter of Credit to be amended; (B) the proposed date of amendment thereof (which shall be a Business Day); (C) the nature of the proposed amendment; and (D) such other matters as the L/C Issuer may require. Additionally, the Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may require.

  • Procedures for Issuance and Amendment of Letters of Credit; Auto-Renewal Letters of Credit (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Request and Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such L/C Request and Letter of Credit Application must be received by the L/C Issuer and the Administrative Agent not later than 12:00 noon at least three (3) Business Days prior to the proposed issuance date or date of amendment, as the case may be, or such later date and time as the L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) such other matters as the L/C Issuer may reasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the L/C Issuer: (A) the Letter of Credit to be amended; (B) the proposed date of amendment thereof (which shall be a Business Day); (C) the nature of the proposed amendment; and (D) such other matters as the L/C Issuer may reasonably request.

  • Termination Amendment and Waiver 46 7.1 Termination....................................................................................46 7.2

  • Amendment and Waiver The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

  • Amendment, Extension and Waiver Subject to applicable law, at any time prior to the consummation of the transactions contemplated by this Agreement, the parties may (a) amend this Agreement, (b) extend the time for the performance of any of the obligations or other acts of either party hereto, (c) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto, or (d) waive compliance with any of the agreements or conditions contained in Articles V and VI hereof or otherwise; provided, however, that after any approval of the transactions contemplated by this Agreement by Innes Street's shareholders, there may not be, without further approval of such shareholders, any amendment of this Agreement which reduces the amount or changes the form of the consideration to be delivered to Innes Street shareholders hereunder other than as contemplated by this Agreement. This Agreement may not be amended except by an instrument in writing authorized by the respective Boards of Directors and signed, by duly authorized officers, on behalf of the parties hereto. Any agreement on the part of a party hereto to any extension or waiver shall be valid only if set forth in an instrument in writing signed by a duly authorized officer on behalf of such party, but such waiver or failure to insist on strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

  • Second Amendment The Administrative Agent shall have received this Second Amendment, executed and delivered by the Administrative Agent, Holdings and the Borrower, and each Lender providing a term loan hereto.

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