FILO Facility definition

FILO Facility means the $100.0 million last-out term loan facility under the ABL Credit Agreement.

FILO Facility means the credit facility described in Section 2.18 hereof.

FILO Facility means that certain First Lien Last-Out Term Loan Agreement, dated as of May 15, 2018 (as amended by that certain Amendment No. 1, dated as of April 18, 2019, that certain Amendment No. 2, dated as of May 1, 2019, that certain Amendment No. 3, dated as of August 15, 2019, that certain Amendment No. 4, dated as of October 11, 2019, that certain Amendment No. 5 dated as of February 21, 2020, and that certain Amendment No. 6, dated as of March 27, 2020, and as it may be further amended, supplemented or otherwise modified from time to time), by and among FGI Operating Company, LLC, the guarantors party thereto from time to time, Ankura Trust Company, LLC, as administrative agent and collateral agent and the lenders party thereto.

Examples of FILO Facility in a sentence

• On each FILO Facility Payment Date, the Borrowers shall repay in full in cash all outstanding FILO Loans.

• Notwithstanding anything herein to the contrary, as of the first day of each period specified in the definition of the Aggregate FILO Facility Commitments, the aggregate amount thereof automatically and permanently shall be reduced to the amount so specified in such definition.

• Borrowers shall borrow 100% of the Aggregate FILO Facility Commitments on each date specified in Section 2.18(a) and, except as otherwise required under Section 2.05(c), shall not prepay or repay FILO Loans until the next applicable FILO Facility Payment Date.

• On each FILO Facility Payment Date, the Borrowers shall cause all FILO Loans to be repaid in full in accordance with Section 2.18.

• Notwithstanding anything herein to the contrary, unless otherwise agreed in writing by all of the FILO Lenders, if any of the Borrowers at any time after the First Amendment Effective Date incurs any Permitted Senior Debt, the proceeds of such Permitted Senior Debt shall be applied to prepay FILO Loans in an aggregate amount equal to the lesser of (i) the Net Proceeds of such Permitted Senior Debt and (ii) the Total Outstandings under the FILO Facility at such time.

More Definitions of FILO Facility

FILO Facility means the FILO Commitment and the FILO Loans thereunder.

FILO Facility has the meaning set forth in Section 2.01(b).

FILO Facility has the meaning assigned to such term in the recitals to this Agreement. The FILO Facility provided hereunder pursuant to the FILO Commitments shall be funded on a first-in basis and repaid on a last-out basis, all as provided herein.

FILO Facility means the FILO Commitments and the extensions of credit made hereunder by the FILO Lenders.

FILO Facility means, at any time (a) prior to the funding of the FILO Loans on the Closing Date, the Total FILO Commitments of the FILO Lenders and (b) thereafter, the aggregate outstanding principal amount of the FILO Loans made to the Borrower by the FILO Lenders at such time.

FILO Facility means the FILO Commitments and the FILO Loans made pursuant thereto on the Eighth Amendment Effective Date, as provided in this Agreement.

FILO Facility means the first-in, last-out tranche of debt under the Third Amended and Restated Credit Agreement (as amended by (i) that certain Fifth Amendment to Third Amended and Restated Credit Agreement, dated as of March 21, 2018, by and between, inter alios, Sears Xxxxxxx Acceptance Corp. and Kmart Corporation, as borrowers, SHC, Bank of America, N.A., as administrative agent, co-collateral agent and lender, Xxxxx Fargo Bank, National Association, as co-collateral agent and lender, and PNC Bank, National Association, Citibank N.A., Citizen Business Capital, and Regions Bank, as revolving lenders and (ii) that certain Sixth Amendment to Third Amended and Restated Credit Agreement, dated as of March 21, 2018, by and between, inter alios, Sears Xxxxxxx Acceptance Corp. and Kmart Corporation, as borrowers, SHC, Bank of America, N.A., as administrative agent and co-collateral agent, Xxxxx Fargo Bank, National Association, as co-collateral agent, and Benefit Street 2018 LLC, JPP LLC and JPP II LLC as lenders).