FILO Term Loans has the meaning specified in Section 2.06(b).
FILO Term Loans. “FILO Loans” or “FILO Commitments” as applicable); provided that there may be only one FILO Facility outstanding hereunder at any one time and the maximum amount of FILO Commitments or FILO Loans under such FILO Facility shall not exceed $100,000,000. Each Incremental Facility shall be in an aggregate principal amount that is not less than $25,000,000 (provided that such amount may be less than $25,000,000 if such amount represents all remaining availability under the limit set forth in the next sentence) and, in each case in integral multiples of $1,000,000 in excess thereof. Notwithstanding anything to the contrary herein, the aggregate outstanding amount of the Incremental Facilities (for this purpose, treating any Revolving Commitment Increase as if the same were fully drawn and outstanding) shall not exceed, on the date of incurrence thereof, the Incremental Amount.
FILO Term Loans. (as defined in the ABL Credit Agreement) under the ABL Credit Agreement (or any refinancing thereof that does not constitute Junior Lien Obligations) or (IV) “Revolving Credit Loans” (as defined in the ABL Credit Agreement) under the ABL Credit Agreement (or any refinancing thereof that does not constitute Junior Lien Obligations) (to the extent that, with respect to such “Revolving Credit Loans”, “Revolving Credit Commitments” (as defined in the ABL Credit Agreement) in a corresponding amount are permanently reduced or terminated in connection with any such prepayment).
Examples of FILO Term Loans in a sentence
Amounts so repaid (or prepaid) on account of the FILO Term Loans may not be reborrowed.
Any prepayment of the Tranche A Loans shall be applied first to the Tranche A Loans that are not Tranche A FILO Term Loans until repaid in full, and then to Tranche A FILO Term Loans.
Notwithstanding any contrary provision of this Section 2.13 (but subject to Sections 2.08(e) and 2.14), the FILO Term Loans shall, at the end of any applicable Interest Period, be automatically continued as a single Term Benchmark Borrowing with an Interest Period of three months unless the Borrowers otherwise elect.
The proceeds of the 2023 FILO Term Loans will be used to repay, in accordance with the terms of this Agreement, a portion of the Revolving Loans outstanding as of the Second Amendment Effective Date.
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).
More Definitions of FILO Term Loans
FILO Term Loans. (as defined in the ABL Credit Agreement) under the ABL Credit Agreement (or any refinancing thereof that does not constitute Junior Lien Obligations) or (IV) “Revolving Credit Loans” (as defined in the ABL Credit Agreement) under the ABL Credit Agreement (or any refinancing thereof that does not constitute Junior Lien Obligations) (to the extent that, with respect to such “Revolving Credit Loans”, “Revolving Credit Commitments” (as defined in the ABL Credit Agreement) in a corresponding amount are permanently reduced or terminated in connection with any such prepayment), have been prepaid or repaid (or, in the case of Term Loans, repurchased pursuant to Section 9.4(g)) (other than repayments on account of scheduled amortization payments) and the Tranche B-2 Term Loans are rated B2 (or higher) by Mxxxx’x and B (or higher) by S&P, then (i) the Applicable Margin for Tranche B-2 Term Loans that are Eurodollar Loans shall be 8.25% per annum and (ii) the Applicable Margin for Tranche B-2 Term Loans that are ABR Loans shall be 7.25% per annum;
FILO Term Loans has the meaning specified therefor in Section 2.2 of the Agreement.
FILO Term Loans. (as defined in the ABL Credit Agreement) under the ABL Credit Agreement (or any refinancing thereof that does not constitute Junior Lien Obligations) or (IV) “Revolving Credit Loans” (as defined in the ABL Credit Agreement) under the ABL Credit Agreement (or any refinancing thereof that does not constitute Junior Lien Obligations) (to the extent that, with respect to such “Revolving Credit Loans”, “Revolving Credit Commitments” (as defined in the ABL Credit Agreement) in a corresponding amount in a corresponding amount are permanently reduced or terminated in connection with any such repayment), with the applicable Reinvestment Deferred Amount, 18 months) after such Reinvestment Event and (b) the date on which the Borrower shall have determined not to, or shall have otherwise ceased to, (i) restore, rebuild, repair, construct, improve, replace or otherwise acquire assets useful in the Borrower’s or the applicable Restricted Subsidiary’s business or (ii) prepay or repay (or, in the case of Term Loans, repurchase pursuant to Section 9.4(g)) (I) Term Loans, (II) permitted Indebtedness that is secured on a pari passu basis (without regard to control of remedies or application of payments) with the Obligations or the “Obligations” under and as defined in the ABL Credit Agreement, (III) “FILO Term Loans” (as defined in the ABL Credit Agreement) under the ABL Credit Agreement (or any refinancing thereof that does not constitute Junior Lien Obligations) or (IV) “Revolving Credit Loans” (as defined in the ABL Credit Agreement) under the ABL Credit Agreement (or any refinancing thereof that does not constitute Junior Lien Obligations) (to the extent that, with respect to such “Revolving Credit Loans”, “Revolving Credit Commitments” (as defined in the ABL Credit Agreement) in a corresponding amount are permanently reduced or terminated in connection with any such repayment), with all or any portion of the relevant Reinvestment Deferred Amount.
FILO Term Loans. (each as defined in the ABL Credit Agreement) to be immediately due and payable and have terminated the “Revolving Credit Commitments” (under and as defined in the ABL Credit Agreement) and have not rescinded such declaration, or (C) Convertible Senior Notes that become subject to settlement upon conversion as a result of one or more conversion contingencies set forth in the Convertible Notes Indenture becoming satisfied); provided, that a default, event or condition described in clause (i), (ii) or (iii) of this paragraph (e) shall not at any time constitute an Event of Default unless, at such time, one or more defaults, events or conditions of the type described in clauses (i), (ii) and (iii) of this paragraph (e) shall have occurred and be continuing with respect to Material Debt; and provided, further, that upon becoming an Event of Default, such Event of Default shall be deemed to have been remedied and shall no longer be continuing if any such defaults, events or conditions are remedied or waived prior to any acceleration of the Loans pursuant to the below provisions of this Section 7.1 by any of the holders or beneficiaries of such Indebtedness (or a trustee or agent on behalf of such holders or beneficiaries) so long as, after giving effect to such remedy or waiver, at such time, one or more defaults, events or conditions of the type described in clauses (i), (ii) and (iii) of this paragraph (e) shall no longer be continuing with respect to Material Debt; or
FILO Term Loans. Loans made pursuant to Section 2.1.
FILO Term Loans means the first-in last-out term loans under the FILO Facility.
FILO Term Loans is defined in the preliminary statements hereto.