Tranche C Loan. (i) Subject to the terms and conditions of this Agreement and relying on the representations and warranties set forth herein, each Lender, severally and not jointly, agrees to provide its share of the Tranche C Loan to the Borrower on the Tranche C Loan Borrowing Date in Dollars in a principal amount equal to such Xxxxxx’s Tranche C Loan Commitment. No Lender shall have an obligation to make a Tranche C Loan in excess of such Xxxxxx’s Tranche C Loan Commitment.
(ii) Subject to the terms and conditions of this Agreement (including Section 6.04), the Borrower shall deliver to the Administrative Agent a fully executed Borrowing Notice no later than 5 p.m. (New York City time) at least three (3) Business Days in advance of the proposed Tranche C Loan Borrowing Date.
(iii) The Borrower may make one borrowing under the Tranche C Loan Commitment which shall be on the Tranche C Loan Borrowing Date. Subject to Section 3.03, all amounts owed hereunder with respect to the Tranche C Loan shall be paid in full no later than the Maturity Date. Each Lender’s Tranche C Loan Commitment shall terminate immediately and without further action on the earlier of (x) the Tranche C Loan Borrowing Date after giving effect to the funding of such Lender’s Tranche C Loan Commitment on such date and (y) the Tranche C Loan Commitment Termination Date.
Tranche C Loan. To request the Borrowing of the Tranche C Loan, the Borrower shall notify the Administrative Agent of such request by telephone (x) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing and (y) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time on the date of the proposed Borrowing. Such telephonic notice shall be irrevocable and shall be confirmed promptly by hand delivery, courier or telecopy to the Administrative Agent of a written Borrowing Request in a form reasonably acceptable to the Administrative Agent and signed by the Borrower. Such telephone and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the aggregate amount of the requested Borrowing (which shall be the amount of the Total Tranche C Commitment);
(ii) the date of such Borrowing, which shall be a Business Day and the Effective Date;
(iii) the portion of the Tranche C Loan that is to initially be an ABR Borrowing and that is to initially be a Eurodollar Borrowing; and
(iv) in the case of such portion of the Tranche C Loan that is a Eurodollar Borrowing, the initial Interest Period applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”. If no election as to the Type of Borrowing is specified, then the Tranche C Loan shall initially be an ABR Borrowing. If no Interest Period is specified with respect to any portion of the Tranche C Loan that is to initially be a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of the Borrowing Request in accordance with this Section 2.04(c), the Administrative Agent shall advise each Tranche C Lender of the details thereof and of the amount of such Tranche C Lender’s Loan to be made as part of the requested Borrowing (which shall be equal to such Tranche C Lender’s Tranche C Commitment).
Tranche C Loan. (i) Subject to the terms and conditions of this Agreement and relying on the representations and warranties set forth herein, each Lender, severally and not jointly, agrees to provide its share of the Tranche C Loan to Borrower on the Tranche C Loan Borrowing Date in Dollars in a principal amount equal to such Xxxxxx’s Tranche C Loan Commitment. No Lender shall have an obligation to make a Tranche C Loan in excess of such Xxxxxx’s Tranche C Loan Commitment.
(ii) Subject to the terms and conditions of this Agreement (including Section 6.03), Borrower shall deliver to the Administrative Agent a fully executed Borrowing Notice no later than 5 p.m. (New York City time) at least three (3) Business Days in advance of the proposed Tranche C Loan Borrowing Date.
(iii) Borrower may make one borrowing under the Tranche C Loan Commitment which shall be on the Tranche C Loan Borrowing Date. Subject to Section 3.03, all amounts owed hereunder with respect to the Tranche C Loan shall be paid in full no later than the Maturity Date.
Tranche C Loan. Each Tranche C Bank severally agrees, on the terms and conditions set forth in this Agreement, to make the Tranche C Loan on the Closing Date to Borrower in an amount such that the aggregate principal amount of the Tranche C Loan by such Bank at any one time outstanding shall not exceed the amount of its Tranche C Commitment. The aggregate amount of Tranche C Loans to be made hereunder shall not exceed Two Hundred Million Dollars ($200,000,000) (the "Tranche C Loan Amount").
Tranche C Loan. Subject to the terms and conditions of this Agreement, each Lender severally agrees to restructure a portion of the loans outstanding under the Existing Credit Agreement as the Tranche C Loan to the Borrower on the date hereof up to but not exceeding the amount of such Lender's Tranche C Commitment. The Borrower may not reborrow hereunder any Tranche C Advance which have been repaid. The Tranche C Loan made by each Lender shall be made and maintained at such Lender's Applicable Lending Office.
Tranche C Loan. Subject to the terms and conditions set forth herein, the Lender agrees to make Tranche C Loans to the Borrower from time to time during the Tranche C Availability Period in an aggregate principal amount that will not result in the Tranche C Exposure exceeding the Tranche C Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow the Tranche C Loans.
Tranche C Loan. To request the Borrowing of the Tranche C Loan, the Borrower shall notify the Administrative Agent of such request by telephone (x) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing and (y) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time on the date of the proposed Borrowing. Such telephonic notice shall be irrevocable and shall be confirmed promptly by hand delivery, courier or telecopy to the Administrative Agent of a written Borrowing Request in a form reasonably acceptable to the Administrative Agent and signed by the Borrower. Such telephone and written Borrowing Request shall specify the following information in compliance with Section 2.01:
Tranche C Loan. Section 10 of the Forbearance Agreement, dated as of even date herewith entered into by and among Borrower, Agent, the Lenders and the Guarantors is incorporated herein by reference as if set forth herein at length. The Borrower shall execute and deliver to the Lenders new promissory notes substantially in the form of the Tranche A Notes made by Borrower for each Lender in the amount of such Lender’s Pro Rata Share of the Tranche C Loan, which notes shall collectively be in the aggregate original principal amount of up to $9,700,000.
Tranche C Loan. (i) Subject to Section 2.11(c)(ii), the Tranche C Loan shall bear interest at Sixteen Percent (16%) per annum (determined based upon a 360-day year and actual days elapsed), payable on the first day of each month in arrears, and on the Tranche C Maturity Date.
(ii) Following the occurrence and during the continuance of any Event of Default (and whether or not an Agent exercises such Agent's rights on account thereof), the Tranche C Loan shall bear interest, at rate of Eighteen Percent (18%) per annum, and such interest shall be payable upon demand.
Tranche C Loan. (i) Subject to the terms and conditions of this Agreement and relying on the representations and warranties set forth herein, each Lender, severally and not jointly, agrees to provide its share of the Tranche C Loan to Borrower on the Tranche C Loan Borrowing Date in Dollars in a principal amount equal to such Xxxxxx’s Tranche C Loan Commitment. No Lender shall have an obligation to make a Tranche C Loan in excess of such Xxxxxx’s Tranche C Loan Commitment.
(ii) Subject to the terms and conditions of this Agreement (including Section
(iii) Borrower may make one borrowing under the Tranche C Loan Commitment which shall be on the Tranche C Loan Borrowing Date. Subject to Section 3.03, all amounts owed hereunder with respect to the Tranche C Loan shall be paid in full no later than the Maturity Date.
