Tranche D Loans. On the terms and subject to the conditions contained in this Agreement and in reliance upon the representations and warranties of the Obligors set forth herein, each Lender further agrees to make one or more Loans to the Borrowers (each, a "Tranche D Loan") on any Funding Date, as requested by a Borrower in a Notice of Borrowing given in accordance with Section 2.2 in an amount not to exceed, in the aggregate for all Tranche D Loans made by such Lender on all Funding Dates, the Tranche D Commitment of such Lender. There may be multiple Borrowings of Tranche D Loans. Tranche D Loans repaid or prepaid may not be reborrowed hereunder.
Tranche D Loans. Subject to the terms and conditions of this Agreement, during the applicable Commitment Period, the Tranche D Banks shall make a Tranche D Loan or Tranche D Loans to Borrower in such amount or amounts as Borrower may from time to time request, but not exceeding in aggregate principal amount at any time outstanding hereunder the aggregate amount of the Tranche D Commitments; provided, however, that Borrower shall not request any Tranche D Loan hereunder unless the Tranche A Commitments, Tranche B Commitments and Tranche C Commitments have been fully funded. Borrower shall have the option, subject to the terms and conditions set forth herein, to borrow Tranche D Loans, maturing on the last day of the Commitment Period, by means of any combination of (a) Prime Rate Loans, or (b)
Tranche D Loans. Subject to the terms and conditions set forth in this Agreement (including Section 4.03) and in reliance upon the representations and warranties of the Loan Parties set forth herein, each Tranche D Lender severally, but not jointly, agrees to advance to Borrower from time to time during the Availability Period such loans as Borrower may request pursuant to this Section 2.01 (exclusive of the Tranche A Loan, Tranche B Loans and Tranche C Loans, individually, a “Tranche D Loan” and, collectively, the “Tranche D Loans”) in an aggregate principal amount which, when added to the aggregate principal amount of all prior Tranche D Loans made by such Lender under this Agreement, does not exceed such Tranche D Xxxxxx’s Tranche D Commitment.
Tranche D Loans. (i) Accrued interest on each Tranche D Loan shall be payable in arrears on each Interest Payment Date, upon a prepayment of such Loan, and on the date on which all or any portion of the Obligations are accelerated, and at maturity. After maturity, and at any time an Event of Default exists, accrued interest on all Tranche D Loans shall be payable on demand.
(ii) So long as no Default or Event of Default shall have occurred and be continuing and unless otherwise consented by the Tranche D Lenders, on each Interest Payment Date (other than the Maturity Date), interest on the Tranche D Loans shall be paid by capitalizing such interest and adding such capitalized interest to the then outstanding principal amount of the Tranche D Loans, and such interest amount (together with any principal of the Tranche D Loans prior to giving effect to the provisions of this Section 4.2(f)(ii)) thereafter shall form part of the Tranche D Loans and shall itself bear interest as provided in Section 4.1; provided, that so long as the Total Leverage Ratio of the Consolidated Group for the Computation Period most recently ended prior to such Interest Payment Date is not greater than 2.00:1.00, each Tranche D Lender shall have the right (but shall not be obligated) to elect, by written notice to the Administrative Agent and the Borrower Representative delivered not earlier than three Business Days prior to such Interest Payment Date, to require that all or any portion of the interest on the Tranche D Loan maintained by such Tranche D Lender remain due and payable in cash (in which case such interest (or portion thereof, as applicable) shall not be so capitalized or added to the principal but shall instead remain payable in cash); provided, further that if a Default shall have occurred and be continuing on any date on which such interest is due, the Tranche D Lenders shall be entitled to elect, by notice to the Borrower Representative, either to have such interest be capitalized and added to principal as set forth herein (in which case such payment shall be so capitalized and added to principal) or to require that it remain due and payable in cash (in which case such payment shall not be so capitalized or added to principal but shall instead remain payable in cash) and, in either case, such payment shall bear interest until paid in full as provided in Section 4.1. Each such determination by the Tranche D Lenders shall be conclusive and binding on all parties hereto. If requested by ...
Tranche D Loans. (i) Accrued interest on each Tranche D Loan shall be payable in arrears on the date on which all or any portion of the Obligations are accelerated, and on the Tranche D Maturity Date provided, however that nothing herein shall restrict the Borrowers from making voluntary payments of such interest at any time prior to the Tranche D Maturity Date. After maturity, and at any time an Event of Default exists, accrued interest on all Tranche D Loans shall be payable on demand.
(ii) [Reserved].
Tranche D Loans. Subject to the terms and conditions contained in this Agreement, each Lender agrees to make loans ("Tranche D Loans") to Borrower on a revolving credit basis from time to time on any Business Day from the date of this Agreement through the Drawdown Termination Date. Each request for Tranche D Loans pursuant to a Borrowing Request shall be in an aggregate amount of not less than $30,000.00. The aggregate principal amount of any Lender's Tranche D Loans at any time outstanding (after giving effect to the other transactions contemplated by the Borrowing Request pursuant, to which a Tranche D Loan is requested) shall not exceed the lesser of: (1) such Lender's Percentage Share of the Collateral Value of the Tranche D Borrowing Base or (2) such Lender's Percentage Share of the Tranche D Sublimit. At no time shall the aggregate amount of all Tranche D Loans outstanding at any time exceed the lesser of (1) the Collateral Value of the Tranche D Borrowing Base and (2) the Tranche D Sublimit. At no time shall the aggregate amount of all Loans outstanding at any time exceed the lesser of (1) the Aggregate Collateral Value of the Borrowing Base, and (2) the Commitment at such time.
Tranche D Loans. As of the Third Amendment Effective Date, the Tranche D Loans shall convert into, and continue as, a Tranche C Loan pursuant to Section 2.01(c) and Borrower shall have no further rights to borrow any Tranche D Loans.
Tranche D Loans. Subject to the terms and conditions set forth in this Agreement (including Section 4.03) and in reliance upon the representations and warranties of the Loan Parties set forth herein, each Tranche D Lender severally, but not jointly, agrees to advance to Borrower from time to time during the Availability Period such loans as Borrower may request pursuant to this Section 2.01 (exclusive of the Tranche A Loan, Tranche B Loans and Tranche C Loans, individually, a “Tranche D Loan” and, collectively, the “Tranche D Loans” and, together with the Tranche A Loans, the Tranche B Loans, the Tranche C Loans, the “Loans”) in an aggregate principal amount which, when added to the aggregate principal amount of all prior Tranche D Loans made by such Lender under this Agreement, does not exceed such Tranche D Lender’s Tranche D Commitment.
Tranche D Loans. On the terms and subject to the conditions contained in this Agreement, the Lender shall make a loan to the Borrower on the Closing Date in the amount of $5,000,000, the Lender shall make additional loans to the Borrower as set forth in clause (a)(i) of the Acquisition Guidelines, and in its sole and absolute discretion, the Lender may make additional loans to the Borrower as set forth in clause (a)(ii) and clause (b) of the Acquisition Guidelines. In addition, up to $2,200,000 in outstanding trade payables owing by the Borrower to the Lender that are past due as of the Closing Date shall be converted to a Tranche D Loan. Each Tranche D Loan (i) may be made from time to time on any Business Day up to thirty (30) days prior to the Maturity Date, (ii) shall be repaid pursuant to the terms hereof and (iii) once repaid may be reborrowed. The aggregate outstanding principal amount of all Tranche D Loans may not exceed at any time the amount of the Tranche D Loan Commitment. The Tranche D Loans shall be evidenced by the Tranche D Note.
Tranche D Loans. Pursuant to Section 2.16 of the Credit Agreement, each Tranche D Lender hereby severally and not jointly agrees to provide a Term Loan Tranche D Commitment in the amount set forth next to such Tranche D Lender’s name on Annex 1 attached hereto (in each case, such Lender’s “Tranche D Loan Amount”). The aggregate Tranche D Loan, as set forth in such Annex 1, is equal to $125,000,000. In connection therewith, subject to the terms of the Credit Agreement, each Tranche D Lender severally and not jointly agrees to fund, and make a single loan in immediately available funds to the Borrower on the Increase Effective Date, in an aggregate principal amount equal to its Tranche D Loan Amount. After giving effect to the making of the Tranche D Loans, each Tranche D Lender shall have the Term Loan Tranche D Commitment and Commitment Percentage with respect to the Tranche D Facility set forth on the new Schedule 1.1 attached as Annex 2 hereto (it being acknowledged that each Term Loan Tranche D Commitment will terminate upon the funding of the applicable Tranche D Loan). Subject to Section 2.8(c) of the Credit Agreement, each payment or prepayment of principal of Tranche D Term Loans by the Borrower shall be made for the account of the Tranche D Lenders pro rata in accordance with the respective unpaid principal amounts of the Tranche D Term Loans held by them. In addition, each payment of interest on Tranche D Term Loans by the Borrower shall be made for the account of the Tranche D Lenders pro rata in accordance with the amounts of interest on the Tranche D Term Loans then due and payable to the Tranche D Lenders.
