Examples of Exchanged Loans in a sentence
Use the proceeds of the Loans (other than the Exchanged Loans, which shall be used to consummate the Existing Convertible Notes Exchange) (a) for general corporate and working capital purposes, and (b) to pay the costs and expenses in connection with the Transactions.
Subject to the terms and conditions set forth herein and, with respect to the Exchanged Loans, the Note Purchase Agreement, each Initial Lender, severally and not jointly, agrees to make Loans to the Borrower, in Dollars, on the Closing Date in an amount equal to the Commitment of such Initial Lender to make such Loans and as provided further in Section 2.3 below.
Subject to the terms and conditions set forth herein, each Rollover Lender severally agrees to exchange its Exchanged Loans for a like principal amount of Loans on the Restatement Effective Date.
This Agreement and any provisions thereof, and the rights and obligations of each Party hereunder, shall not be assigned by any Party without prior written consent of the Borrower and the holders of at least a majority of the Exchanged Loans (the “Requisite Participating Lenders”); provided, that the rights of any Participating Lender can be assigned without any other Party’s consent to a permitted transferee of any of such Participating Lender’s Second Lien Loans or Warrants.
Each Exchanging Term Lender that executes a counterpart hereof and returns such counterpart to the Administrative Agent prior to 5:00 p.m., New York time, on February 12, 2020, shall be entitled to a consent fee (collectively, the “Consent Fees”) payable upon the Third Amendment Effective Date equal to 0.25% of the sum of its Exchanged Loans, in each case, as calculated on the Third Amendment Effective Date.
This Agreement shall not extinguish the Loans outstanding under the Existing Credit Agreement; provided that the Exchanged Loans and the Prepaid Loans shall cease to be outstanding under the Existing Credit Agreement and the Exchanged Loans shall become Priority Loans that are outstanding under the New Priority Lien Credit Agreement.
On the First Amendment Effective Date, the Borrower shall apply the proceeds of the Refinancing Loans (if any), together with cash on hand, to prepay in full the principal amount of all Existing Loans, other than Exchanged Loans.
All accrued and unpaid interest on the Exchanged Loans at the time of Closing shall not be discharged in the Exchange and shall be added to the principal amount of the Second Lien Loans.
It is acknowledged and agreed that notwithstanding anything to the contrary contained in the First Lien Credit Agreement, each Existing First Lien Revolving Lender has agreed to accept, as satisfaction in full of its right to receive payment in cash of the Existing First Lien Revolving Loans under the Existing First Lien Credit Agreement, the right to receive Exchanged Loans in accordance herewith (and for no additional consideration).
Subject to the terms and conditions set forth in this Agreement and the Term Sheet, concurrently with the consummation of the Exchange on the Closing Date, BPC Lending shall make, in a single draw on the Closing Date, the New Loans to the Borrower in an aggregate principal amount equal to $6,225,257.49 million, which New Loans shall be the same class of Second Lien Loans as the Exchanged Loans and shall be governed by the Second Lien Credit Agreement.