Tranche A Term Loans. Subject to and upon the terms and conditions set forth herein, each Lender with a Tranche A Term Loan Commitment severally agrees to make a term loan (each, a "Tranche A Term Loan" and, collectively, the "Tranche A Term Loans") to the U.S. Borrower, which Tranche A Term Loans: (i) shall be incurred by the U.S. Borrower pursuant to a single drawing on the Initial Borrowing 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, and/or converted into, Base Rate Loans or Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all Tranche A Term Loans made as part of the same Borrowing shall at all times consist of Tranche A 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 three Borrowings of Tranche A Term Loans to be maintained as Eurodollar Loans may be incurred prior to the 90th day after the Initial Borrowing Date (or, if later, the last day of the Interest Period applicable to the third Borrowing of Eurodollar Loans referred to below), each of which Borrowings of Eurodollar Loans may only have an Interest Period of one month, 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 Initial Borrowing Date, the second of which Borrowings may only be made on the last day of the Interest Period of the first such Borrowing and the third of which Borrowings may only be made on the last day of the Interest Period of the second such Borrowing; and (iv) shall be made by each Lender in that initial aggregate principal amount as is equal to the Tranche A Term Loan Commitment of such Lender on the Initial Borrowing Date (before giving effect to the termination thereof on such date pursuant to Section 3.03(b)). Once repaid, Tranche A Term Loans incurred hereunder may not be reborrowed.
Appears in 2 contracts
Samples: Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc)
Tranche A Term Loans. Subject to and upon the terms and conditions set forth herein, each Each Tranche A Term Loan Lender with a having an Original Tranche A Term Loan Commitment severally agrees to make a term loan (each, a "lend to Company on the Closing Date and on the Merger Date an aggregate amount not exceeding its pro rata share of the aggregate amount of the Original Tranche A Term Loan" andLoan Commitments, collectivelywhich pro rata share is set forth opposite its name on SCHEDULE 2.1 attached hereto, each Tranche A Term Loan Lender having an Additional Tranche A Term Loan Commitment severally agrees to lend to Company on the "Second Amended and Restated Credit Agreement Closing Date an amount not exceeding its pro rata share of the aggregate amount of the Additional Tranche A Term Loan Commitments, which pro rata share is set forth opposite its name on SCHEDULE 2.1 attached hereto, and each Tranche A Term Loan Lender having a Second Additional Tranche A Term Loan Commitment severally agrees to lend to Company on the Third Amended and Restated Credit Agreement Closing Date an amount not exceeding its pro rata share of the aggregate amount of the Second Additional Tranche A Term Loan Commitments, which pro rata share is set forth opposite its name on SCHEDULE 2.1 attached hereto, in each case to be used for the purposes identified in subsection 2.5A; PROVIDED that prior to, or simultaneously with the funding of the initial Original Tranche A Term Loans") to , the U.S. Borrower, which Original Tranche B Term Loans shall have been funded in full. The amounts of each Tranche A Term Loans:
Loan Lender's Original Tranche A Term Loan Commitment, each Tranche A Term Loan Lender's Additional Tranche A Term Loan Commitment and each Tranche A Term Loan Lender's Second Additional Tranche A Term Loan Commitment are set forth opposite such Tranche A Term Loan Lender's name on SCHEDULE 2.1 annexed hereto are set forth opposite such Tranche A Term Loan Lender's name on SCHEDULE 2.1 annexed hereto. The aggregate amount of the Original Tranche A Term Loan Commitments is $35,000,000, the aggregate amount of the Additional Tranche A Term Loan Commitments is $5,000,000, the aggregate amount of the Second Additional Tranche A Term Loan Commitment is $2,500,000 and the aggregate amount of the Tranche A Term Loan Commitments is $42,500,000; PROVIDED that the Tranche A Term Loan Commitments of the Tranche A Term Loan Lenders shall be adjusted to give effect to any assignments of the Tranche A Term Loan Commitments pursuant to subsection 10.1B. Each Tranche A Term Loan Lender's Original Tranche A Term Loan Commitment (i) shall be incurred by expire immediately and without further action on October 31, 1998, if the U.S. Borrower pursuant to a single drawing initial Original Tranche A Term Loans are not made on the Initial Borrowing Date for the purposes described in Section 7.05(a);
or before that date, (ii) shall be denominated in Dollars;
reduced by an amount equal to the principal amount of the Original Tranche A Term Loan, if any, made by such Tranche A Term Loan Lender on the Closing Date, immediately after giving effect thereto on the Closing Date, and (iii) except as hereafter providedto the extent unused, shall, at shall expire on the option close of business on the U.S. Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all Merger Date. Each Tranche A Term Loans made as part of the same Borrowing shall at all times consist of Tranche A 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 three Borrowings of Tranche A Term Loans to be maintained as Eurodollar Loans may be incurred prior to the 90th day after the Initial Borrowing Date (or, if later, the last day of the Interest Period applicable to the third Borrowing of Eurodollar Loans referred to below), each of which Borrowings of Eurodollar Loans may only have an Interest Period of one month, 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 Initial Borrowing Date, the second of which Borrowings may only be made on the last day of the Interest Period of the first such Borrowing and the third of which Borrowings may only be made on the last day of the Interest Period of the second such Borrowing; and
(iv) shall be made by each Lender in that initial aggregate principal amount as is equal to the Loan Lender's Additional Tranche A Term Loan Commitment of such Lender shall expire immediately and without further action on the Initial Borrowing Date earlier of (before giving effect to i) December 31, 1999, if the termination thereof on such date pursuant to Section 3.03(b)). Once repaid, Additional Tranche A Term Loans incurred hereunder are not made on or before that date and (ii) at the close of business on the Second Amended and Restated Credit Agreement Closing Date. Each Tranche A Term Loan Lender's Second Additional Tranche A Term Loan Commitment shall expire immediately and without further action on the earlier of (i) June 30, 2000, if the Additional Tranche A Term Loans are not made on or before that date and (ii) at the close of business on the Third Amended and Restated Credit Agreement Closing Date. Company may make a borrowing under the Original Tranche A Term Loan Commitments on the Closing Date and on the Merger Date, and Company may make only one borrowing under the Additional Tranche A Term Loan Commitments and the Second Additional Tranche A Term Loan Commitments. Amounts borrowed under this subsection 2.1A(i) and subsequently repaid or prepaid may not be reborrowed.
Appears in 2 contracts
Samples: Increased Commitments Agreement (Decrane Holdings Co), Credit Agreement (Decrane Holdings Co)
Tranche A Term Loans. Subject to and upon Each Tranche A Term Loan Lender severally agrees, on the terms and conditions set forth hereinof this Agreement, each Lender with a to make term loans to the Borrowers in Dollars during the period from and including the Iowa Acquisition Consummation Date to and including the Term Loan Commitment Expiration Date in an aggregate principal amount up to but not exceeding the amount of the Tranche A Term Loan Commitment severally agrees of such Lender. Subject to make a term loan (eachthe terms and conditions of this Agreement, a "during such period the Borrowers may borrow the Tranche A Term Loan" and, collectively, the "Tranche A Term Loans") to the U.S. Borrower, which Tranche A Term Loans:
(i) shall be incurred Loan Commitments by the U.S. Borrower pursuant to a single drawing on the Initial Borrowing 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 means of the U.S. Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans or and Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all and thereafter the Borrowers may Convert Tranche A Term Loans made of one Type into Tranche A Term Loans of another Type (as part provided in Section 2.09 hereof) or Continue Tranche A Term Loans of the same Borrowing shall at all times consist of one Type as Tranche A 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 applicableas provided in Section 2.09 hereof), no more than three Borrowings . Amounts prepaid or repaid in respect of Tranche A Term Loans to may not be maintained as Eurodollar reborrowed. Proceeds of Tranche A Term Loans may hereunder shall be incurred prior available for any use permitted under the first sentence of Section 8.17(b) hereof. Anything herein to the 90th day after the Initial Borrowing Date (orcontrary notwithstanding, if later, the last day of the Interest Period applicable to the third Borrowing of Eurodollar Loans referred to below), each of which Borrowings of Eurodollar Loans may only have an Interest Period of one month, 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 Initial Borrowing Date, the second of which Borrowings may only be made on the last day of the Interest Period of the first such Borrowing and the third of which Borrowings may only be made on the last day of the Interest Period of the second such Borrowing; and
(iv) shall be made by each Lender in that initial aggregate principal amount as is equal to the Tranche A Term Loan Commitment of such Lender Commitments will become available on the Initial Borrowing Iowa Acquisition Consummation Date only so long as (i) the same shall occur on or before giving effect November 30, 2001, (ii) the full original aggregate committed amounts of the Tranche B Term Loan Commitments shall have been drawn on or before such date and applied to the termination thereof on such date consummation of one or more of the Broadband Acquisitions (i.e. not including proceeds of Tranche B Term Loans held in escrow pursuant to Section 3.03(b)). Once repaid2.01(g) hereof) and (iii) no prepayments of any Tranche B Term Loans pursuant to Section 2.09 hereof shall have occurred subsequent to the date of such drawing of Tranche B Term Loans (it being understood that, as provided in Section 2.04(c) hereof, the Tranche A Term Loans incurred Loan Commitments shall be automatically terminated on November 30, 2001 if they do not become available hereunder may not be reborrowedon or before said date).
Appears in 1 contract
Tranche A Term Loans. Subject (g) Restated HDPI Term Loan.
(i) HDPI hereby acknowledges, confirms and agrees that as of the date hereof and immediately before giving effect to this Amendment, HDPI is indebted to Lender for the Obligations evidenced by the Restated HDPI Term Note in the principal amount of $3,600,000 (the "Existing HDPI Term Loan"), plus accrued fees and upon interest thereon. On the date hereof, subject to the terms and conditions set forth contained herein, each Lender is making an additional term loan to HDPI in the amount of $800,000, which, together with a Tranche A the Existing HDPI Term Loan Commitment severally agrees to make a term loan (eachBalance, a "Tranche A Term Loan" and, collectively, the "Tranche A Term Loans") shall be consolidated and evidenced by and be due and payable pursuant to the U.S. Borrower, which Tranche A terms of the Second Restated HDPI Term Loans:
(i) shall be incurred by the U.S. Borrower pursuant to a single drawing on the Initial Borrowing Date for the purposes described in Section 7.05(a);Note.
(ii) The Second Restated HDPI Term Note shall (i) supersede, amend and restate the Restated HDPI Term Note in its entirety and (ii) be denominated in Dollars;secured by all of the Collateral.
(iii) except as hereafter providedThe amendment and restatement contained herein and in the Second Restated HDPI Term Note, shallshall not, at the option in any manner, be construed to constitute payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, any of the U.S. Borrower, be incurred and maintained as, and/or converted into, Base Rate Loans Obligations evidenced by or Eurodollar Loans, provided that (A) except as otherwise specifically provided in Section 1.10(b), all Tranche A Term Loans made as part of arising under the same Borrowing shall at all times consist of Tranche A 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 three Borrowings of Tranche A Term Loans to be maintained as Eurodollar Loans may be incurred prior to the 90th day after the Initial Borrowing Date (or, if later, the last day of the Interest Period applicable to the third Borrowing of Eurodollar Loans referred to below), each of which Borrowings of Eurodollar Loans may only have an Interest Period of one monthFinancing Agreements, and the first of which Borrowings may liens and security interests securing such Obligations shall not in any manner be made no earlier than the third Business Dayimpaired, limited, terminated, waived or released.
(h) Restated Hanover Realty Term Loan.
15 (i) Hanover Realty hereby acknowledges, confirms and no later than the fifth Business Day, after the Initial Borrowing Date, the second of which Borrowings may only be made on the last day agrees that as of the Interest Period of the first such Borrowing date hereof and the third of which Borrowings may only be made on the last day of the Interest Period of the second such Borrowing; and
(iv) shall be made by each Lender in that initial aggregate principal amount as is equal to the Tranche A Term Loan Commitment of such Lender on the Initial Borrowing Date (immediately before giving effect to this Amendment, Hanover Realty is indebted to Lender for the termination thereof on such Obligations evidenced by the Restated Hanover Realty Term Note in the principal amount of $10,200,000 (the "Existing Hanover Realty Term Loan"), plus accrued fees and interest thereon. On the date hereof, subject to the terms and conditions contained herein, Lender is making an additional term loan to Hanover Realty in the amount of $3,160,000, which, together with the Existing Hanover Realty Term Loan Balance, shall be consolidated and evidenced by and be due and payable pursuant to Section 3.03(b)). Once repaid, Tranche A the terms of the Second Restated Hanover Realty Term Loans incurred hereunder may not be reborrowedNote.
Appears in 1 contract
Tranche A Term Loans. Subject to and upon the terms and conditions set forth herein, each Lender with a Tranche A Term Loan Commitment severally agrees to make a term loan or term loans (each, each a "Tranche A Term Loan" and, collectively, the "Tranche A Term Loans") to the U.S. Borrower, which Tranche A Term Loans:
(i) shall only may be incurred by the U.S. Borrower pursuant to a single drawing on the Initial Borrowing Date for the purposes described in Section 7.05(a);Date,
(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, and/or converted into, Base Rate Loans or Eurodollar Loans, provided that that, (A) except as otherwise specifically provided in Section 1.10(b), all Tranche A Term Loans made as part of comprising the same Borrowing shall at all times consist of Tranche A Term Loans be 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), (x) on or prior to March 15, 2002, all Tranche A Term Loans shall be incurred and maintained as Base Rate Loans and (y) thereafter, no more than three Borrowings of Tranche A Term Loans to be maintained as Eurodollar Loans may be incurred prior to the 90th 28th day after the Initial Borrowing Date (or, if later, the last day of the Interest Period applicable to the third Borrowing of Eurodollar Loans referred to below), each of which Borrowings of Eurodollar Loans may only have an Interest Period of one monthseven days, 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 Initial Borrowing Date, the second of which Borrowings may only be made on or before March 22, 2002, and with each such Borrowing made thereafter to be made only on the last day of the Interest Period of the first such Borrowing and the third of which Borrowings may only be made on the last day of the Interest Period of the second such immediately preceding Borrowing; ), and
(iviii) shall be made by each such Lender in that initial aggregate principal amount as is equal to which does not exceed the Tranche A Term Loan Commitment of such Lender on the Initial Borrowing Date (before giving effect to the termination thereof on such date pursuant to Section 3.03(b)). Once repaid, Tranche A Term Loans incurred hereunder may not be reborrowed.
Appears in 1 contract
Samples: Credit Agreement (Infousa Inc)
Tranche A Term Loans. Subject to and upon the terms and conditions set forth herein, each Lender with a Tranche A Term Loan Commitment severally agrees to make a term loan (each, a "“Tranche A Term Loan" ” and, collectively, the "“Tranche A Term Loans"”) to the U.S. Borrower, which Tranche A Term Loans:
(i) shall be incurred by the U.S. Borrower pursuant to a single drawing on the Initial Borrowing Date in an aggregate principal amount equal to the lesser of U.S.$35,000,000 and such other amount as may be approved in the Interim Order and a single drawing on the Final Borrowing Date in an aggregate principal amount not exceeding the amount of the Total Tranche A Term Loan Commitment on such date (determined after giving effect to any reduction thereof on such date pursuant to Section 4.03(c) but before giving effect to the reduction thereof on such date pursuant to Section 4.03(b)) minus the aggregate principal amount of Tranche A Term Loans borrowed on the Initial Borrowing Date, in each case for the purposes described in Section 7.05(a9.11(a); provided that, if on or prior to the Final Borrowing Date (x) an Additional Foreign Borrower Designation Agreement is not executed and delivered by the U.S. Borrower, the Additional Foreign Borrower and the Administrative Agent as directed by the Required Lenders or (y) all conditions set forth therein shall not have been satisfied as determined by the Required Lenders in their sole discretion, in no event shall the aggregate principal amount of Tranche A Term Loans made on the Final Borrowing Date plus the aggregate principal amount of Tranche B Term Loans made on the Final Borrowing Date exceed U.S.$75,000,000, unless otherwise agreed by the Required Lenders;
(ii) shall be denominated in U.S. Dollars;
(iii) except as hereafter provided, shall, at the option of the U.S. Borrower, be incurred and maintained as, and/or converted into, as Base Rate Loans or Eurodollar Loans, provided that (A) that, except as otherwise specifically provided in Section 1.10(b2.10(b), all Tranche A Term Loans made as part of the same Borrowing shall at all times consist of Tranche A 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 three Borrowings of Tranche A Term Loans to be maintained as Eurodollar Loans may be incurred prior to the 90th day after the Initial Borrowing Date (or, if later, the last day of the Interest Period applicable to the third Borrowing of Eurodollar Loans referred to below), each of which Borrowings of Eurodollar Loans may only have an Interest Period of one month, 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 Initial Borrowing Date, the second of which Borrowings may only be made on the last day of the Interest Period of the first such Borrowing and the third of which Borrowings may only be made on the last day of the Interest Period of the second such BorrowingType; and
(iv) shall be made by each Lender in that initial an aggregate principal amount as is equal to not in excess of (x) in the case of the Borrowing on the Initial Borrowing Date, the Tranche A Term Loan Commitment of such Lender on the Initial Borrowing Date (determined before giving effect to the termination reduction thereof on such date pursuant to Section 3.03(b4.03(b)) and (y) in the case of the Borrowing on the Final Borrowing Date, the Tranche A Term Loan Commitment of such Lender on the Final Borrowing Date (determined after giving effect to any reduction thereof on such date pursuant to Section 4.03(c) but before giving effect to the reduction thereof on such date pursuant to Section 4.03(b)). Once repaid, Tranche A Term Loans incurred hereunder may not be reborrowed.
Appears in 1 contract
