Examples of Aggregate FILO Commitments in a sentence
For the avoidance of doubt, the FILO Lenders (in such capacity) shall not participate in the Swing Line Loans or have any obligations under this Section 2.04, and “Applicable Percentage” as determined under this Section 2.04 shall exclude the FILO Commitments and the Aggregate FILO Commitments.
For the avoidance of doubt, the FILO Lenders (in such capacity) shall not participate in the Letters of Credit or LC Loans, nor shall the FILO Lenders have any obligations under this Section 2.03, and “Applicable Percentage” as determined under this Section 2.03 shall exclude the FILO Commitments and the Aggregate FILO Commitments.
At any time and from time to time after the Second Amendment Effective Date, upon notice to the Administrative Agent (which shall promptly notify the Lenders), the Lead Borrower may, on one occasion, request in writing an increase in the Aggregate FILO Commitments (a “FILO IP Increase”) to be based upon the appraised forced liquidation value of eligible Intellectual Property of the Borrowers as determined on or about the date of such request.
Upon any reduction of the Aggregate Revolving Commitments or Aggregate FILO Commitments, the applicable Commitment of each Lender FILO Lender or Revolving Lender, as the case may be, shall be reduced by such Lender’s Applicable Percentage of such reduction amount.
All fees (including, without limitation, commitment fees and Letter of Credit Fees) and interest in respect of the Aggregate Commitments, the Aggregate Revolving Commitments, or the Aggregate FILO Commitments accrued until the effective date of any termination of such Aggregate Commitments, Aggregate Revolving Commitments or Aggregate FILO Commitments, as the case may be, shall be paid on the effective date of such termination.
All fees (including, without limitation, commitment fees and Letter of Credit Fees) and interest in respect of the Aggregate Commitments, the Aggregate Revolving Commitments, or the Aggregate FILO Commitments accrued until the effective date of any termination of thesuch Aggregate Commitments, Aggregate Revolving Commitments or Aggregate FILO Commitments, as the case may be, shall be paid on the effective date of such termination.
If the Aggregate Tranche A Commitments or the Aggregate FILO Commitments are increased in accordance with this Section, the Administrative Agent and the Borrowers shall determine the effective date (the “Revolving Credit Increase Effective Date”) and the final allocation of such increase.
The Borrower shall at all times maintain Availability equal to or greater than the greater of (a) ten percent (10%) of Maximum Availability (calculated without inclusion of the Aggregate FILO Commitments in the Total Commitments), and (b) $12,000,000.
Upon any reduction of the Aggregate Revolving Commitments or Aggregate FILO Commitments, the applicable Commitment of each FILO Lender or Revolving Lender, as the case may be, shall be reduced by such Lender’s Applicable Percentage of such reduction amount in respect of the applicable Facility.