Examples of FILO Term Loan Lender in a sentence
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.
The Rights shall not be exercisable, and shall be void so long as held, by a holder in any jurisdiction where the requisite qualification to the issuance to such holder, or the exercise by such holder, of the Rights in such jurisdiction shall not have been obtained or obtainable.
Subject to the terms and conditions hereof, on the Second Amendment Effective Date each 2023 FILO Term Loan Lender severally agrees to make term loans (collectively, the “2023 FILO Term Loan”) in Dollars to the Borrowers in an amount equal to such 2023 FILO Term Loan Lender’s 2023 FILO Term Loan Commitment.
The Borrowers will repay to the FILO Agent for the account of each FILO Term Loan Lender on the last day of each Fiscal Quarter of the Borrowers, commencing with the last Business Day of the Fiscal Quarter of the Borrowers following the termination of the Equity Commitment Period, an aggregate principal amount equal to 1.25% of the aggregate principal amount of the FILO Term Loans outstanding on the Second Amendment Effective Date (after giving effect to the 2023 FILO Term Loans).
The FILO Term Loan of each FILO Term Loan Lender shall not exceed the amount of the FILO Term Loan Commitment of such FILO Term Loan Lender.
As of the First Amendment Effective Date, the parties hereto hereby agree and acknowledge that, by executing this Amendment, each FILO Term Loan Lender party hereto shall become a “Lender” and a “FILO Term Loan Lender” under the ABL Credit Agreement and the other Loan Documents with a FILO Term Loan Commitment as set forth on the Commitment Schedule to the ABL Credit Agreement.
If the benefit determined by application of such multiple becomes payable to Officer, such benefit shall be payable in _twenty- four_ substantially equal monthly installments, as provided in this Agreement.
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.
The Borrowers will repay to the FILO Agent for the account of each FILO Term Loan Lender on the last day of each Fiscal Quarter of the Borrowers, commencing with the last Business Day of the Fiscal Quarter of the Borrowers ending on or about February 25, 2023, an aggregate principal amount equal to 1.25% of the aggregate principal amount of the FILO Term Loans outstanding on the First Amendment Funding Date.