Examples of FILO Subfacility in a sentence
If amounts are outstanding under the U.S. Subfacility at the time of establishment of a U.S. FILO Subfacility, or outstanding under the Canadian Subfacility at the time of establishment of a Canadian FILO Subfacility, such amounts up to the applicable FILO Line Cap shall be deemed outstanding under the newly-established FILO Subfacility, and only the excess over the applicable FILO Line Cap shall be deemed thereafter outstanding under the U.S. Subfacility or the Canadian Subfacility, as the case may be.
Within the limits set forth above and subject to the terms, conditions and limitations set forth herein, the Borrowers may borrow, pay or prepay and reborrow Revolving Loans under each applicable Subfacility and may borrow, pay or prepay and reborrow FILO Loans under each applicable FILO Subfacility.
Thereafter, the Lead Borrower or the Canadian Borrower, as applicable, may elect to convert such Borrowing, with respect to the U.S. Subfacility, U.S. FILO Subfacility and Canadian Subfacility, as applicable, to a different Type or to continue such Borrowing and, in the case of a Borrowing of LIBOR Rate Loans or B/A Equivalent Loans, may elect Interest Periods or Contract Periods, as applicable, therefor, all as provided in this Section 2.
The lenders under the U.S. Subfacility and U.S. FILO Subfacility, or the Canadian Subfacility and Canadian FILO Subfacility, as the case may be, will be required to make such payments and reallocations to one another as the Administrative Agent shall see fit in order to effect this reallocation, as a condition to the effectiveness of any amendment instituting a U.S. FILO Subfacility or a Canadian FILO Subfacility.
The lendersLenders under the U.S. Subfacility and U.S. FILO Subfacility, or the Canadian Subfacility and Canadian FILO Subfacility, as the case may be, will be required to make such payments and reallocations to one another as the Administrative Agent shall see fit in order to effect this reallocation, as a condition to the effectiveness of any amendmentFILO Amendment instituting a U.S. FILO Subfacility or a Canadian FILO Subfacility.
Notwithstanding the foregoing, (a) no amounts shall be applied to the U.S. FILO Subfacility at any time when Obligations remain outstanding under the U.S. Subfacility, and (b) in no event will any amounts received from a Canadian Credit Party be applied to any such amounts with respect to the U.S. Subfacility or the U.S. FILO Subfacility.
If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Borrowing of U.S. Base Rate Loans for U.S. Borrowers and of Canadian Prime Rate Loans (for Borrowings in Canadian Dollars under the Canadian Subfacility or the Canadian FILO Subfacility) or Canadian Base Rate Loans (for Borrowings in Dollars under the U.S. Subfacility or the U.S. FILO Subfacility), as applicable, for the Canadian Borrowers or U.K. Borrowers, if any.
The Lenders under the U.S. Subfacility and U.S. FILO Subfacility, or the Canadian Subfacility and Canadian FILO Subfacility, as the case may be, will be required to make such payments and reallocations to one another as the Administrative Agent shall see fit in order to effect this reallocation, as a condition to the effectiveness of any FILO Amendment instituting a U.S. FILO Subfacility or a Canadian FILO Subfacility.
For the avoidance of doubt, and for purposes of this Agreement, the U.S. Borrowers shall be permitted to borrow only under the U.S. Subfacility or the U.S. FILO Subfacility and against the U.S. Borrowing Base and the Canadian Borrower shall be permitted to borrow only under the Canadian Subfacility and against the Canadian Borrowing Base.
Notwithstanding the foregoing, in no event will any amounts received from a Canadian Credit Party be applied to any such amounts with respect to the U.S. FILO Subfacility or the U.S. Subfacility or Borrowings by a U.S. Borrower under the Canadian Subfacility or the Canadian FILO Subfacility.