Examples of FILO Term Loan in a sentence
Agent is authorized to make the Revolving Loans and the FILO Term Loan, and Issuing Bank is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d).
Subject to the terms and conditions of this Agreement, on the Closing Date each FILO Term Loan Lender agrees (severally, not jointly or jointly and severally) to make term loans (collectively, the “FILO Term Loan”) to Borrowers in an amount equal to the lesser of (a) such Xxxxxx’s FILO Term Loan Commitment and (b) such Xxxxxx’s Pro Rata Share of the FILO Term Loan Amount.
Notice of Borrowers’ election of the SOFR Option for a permitted portion of the Revolving Loans or the FILO Term Loan and an Interest Period pursuant to this Section shall be made by delivery to Agent of a SOFR Notice received by Agent before the SOFR Deadline.
Borrowers shall pay to FILO Representative, for the account of FILO Representative, and for the benefit of the FILO Term Loan Lenders, where applicable, as and when due and payable under the terms of the FILO Fee Letter, the fees owing to FILO Representative set forth in such FILO Fee Letter.
All principal of, interest on, and other amounts payable in respect of the FILO Term Loan shall constitute Obligations hereunder.
Consistent with Section 13.1(h), Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount and stated interest of the Revolving Loans (and portion of the FILO Term Loan, as applicable), owing to each Lender, including the Swing Loans owing to Swing Lender, and Extraordinary Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
The outstanding unpaid principal balance and all accrued and unpaid interest on the FILO Term Loan shall be due and payable on the earlier of (i) the Maturity Date, and (ii) the date on which the FILO Term Loan otherwise becomes due and payable pursuant to the terms of this Agreement.
Any principal amount of the FILO Term Loan that is repaid or prepaid may not be reborrowed.
The FILO Term Loan Commitments shall terminate upon the making of the FILO Term Loan.
The prepayment made pursuant to this Section 2.4(d)(ii) shall be accompanied by the payment of accrued interest to the date of such payment on the amount prepaid and any unpaid fees, indemnities and expenses in favor of FILO Representative or any FILO Term Loan Lender then due, including without limitation any prepayment fees or premiums arising in connection therefrom.