Examples of FILO Term Loan in a sentence
Each party’s obligations under this Section shall survive the resignation or replacement of the Administrative Agent or FILO Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Aggregate Revolving Commitments or the FILO Term Loan Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document (including the Payment in Full of the Secured Obligations).
Any amounts (other than with respect to the FILO Term Loan) received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon.
Each FILO Term Loan Lender hereby irrevocably appoints the entity named as FILO Agent in the heading of this Agreement and its successors and assigns to serve as the FILO Agent under the Loan Documents and each FILO Term Loan Lender authorizes the FILO Agent to take such actions as agent on its behalf and to exercise such powers under this Agreement and the other Loan Documents as are delegated to the FILO Agent under such agreements and to exercise such powers as are reasonably incidental thereto.
The FILO Agent shall maintain accounts in which it shall record (i) the amount of each FILO Term Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each FILO Term Loan Lender hereunder and (iii) the amount of any sum received by the FILO Agent hereunder for the account of the FILO Term Loan Lenders and each FILO Term Loan Xxxxxx’s share thereof.
On October 25, 2017, the Debtors received FILO Term Loan term sheets from certain Term Loan Lenders; however, the Debtors determined that the proposed terms failed to provide a sufficient near-term solution.
The FILO Term Loan Commitments shall terminate upon the making of the FILO Term Loan.
Any principal amount of the FILO Term Loan that is repaid or prepaid may not be reborrowed.
All principal of, interest on, and other amounts payable in respect of the FILO Term Loan shall constitute Obligations hereunder.
As an alternative to the FILO Term Loan, the Debtors sought to amend the Prepetition ABL Facility to obtain additional liquidity, which the Prepetition ABL Lenders consented to provide.
In such event, the Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent (or the FILO Agent with respect to the FILO Term Loan).