Examples of Additional Incremental Term Loan in a sentence
Lender shall have received, prior the making of the initial Additional Incremental Term Loan, the duly executed original of the Additional Term Note dated as of the Effective Date.
Notwithstanding anything to the contrary contained in this Agreement, (i) Borrower shall not be obligated to submit any Borrowing Request with respect to any Incremental Data Certification unless the principal amount of the proposed Additional Incremental Term Loan is at least $10,000,000; and (ii) Lender shall not be obligated to make any Additional Incremental Term Loan unless the principal amount thereof is at least $2,500,000.
Such pricing and maturity date with respect to any Additional Incremental Term Loan shall be set forth in the applicable Incremental Joinder Agreement (any such maturity date, a “Additional Incremental Term Loan Maturity Date”).
In connection with the correction of any Data Certification, Borrower shall use its commercially reasonable efforts to maximize the principal amount of the proposed Additional Incremental Term Loan to which such Data Certification relates.
The request and acceptance by Borrower of the proceeds of any Additional Incremental Term Loan shall be deemed to constitute, as of the date thereof, (i) a representation and warranty by Borrower that the conditions in this Section 2.5 have been satisfied and (ii) a reaffirmation by Borrower of the granting and continuance of Lender’s Liens pursuant to the Collateral Documents.
Borrower shall have paid Lender the Incremental Closing Fee applicable to such Additional Incremental Term Loan, which amount shall be paid to Lender in immediately available funds, and which fee shall be fully earned as of the applicable Additional Incremental Advance Date and non-refundable.
The Additional Incremental Term Loan was fully funded on the Closing Date.
Pursuant to the Joinder Agreement and Amendment, the Company obtained an additional $91,250,000 principal amount of term loans (the “Additional Incremental Term Loan”) that were made a part of the tranche of term loans obtained by the Company under the Credit Agreement on July 5, 2016 (together with the Additional Incremental Term Loan, the “2016 Term Loans”).
Notwithstanding the foregoing, if the total Additional Incremental Term Loan Commitment as of the Effective Date is not drawn on the Effective Date, such undrawn amount shall automatically be cancelled.
Incremental Term Loans and Additional Incremental Term Loans may be made by any existing Lender (and each existing Term Lender will have the right, but not an obligation, to make a portion of any Incremental Term Loan or Additional Incremental Term Loan on terms permitted in this Section 2.15 and otherwise on terms reasonably acceptable to the Administrative Agent) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Lender”).