Examples of First Amendment Term Lender in a sentence
Subject to the terms and conditions expressly set forth herein, with respect to any First Amendment Term Lender having a Term Commitment as of the First Amendment Effective Date, each First Amendment Term Lender agrees to make a Term Loan to the Lead Borrower on the First Amendment Effective Date in the principal amount not to exceed its Term Commitment as of the First Amendment Effective Date.
The Offeror shall provide each First Amendment Term Lender and the Incremental Arranger with such information as they or it may reasonably request regarding the status and progress of the Stingray Acquisition (including the current level of acceptances of any Offer) (in each case subject to any confidentiality, regulatory or other restrictions relating to the supply of such information).
For the avoidance of doubt, the Incremental Arranger may amend Schedule 2.01(B) to reallocate the First Amendment Term Commitment to another First Amendment Term Lender on the date hereof or to Affiliates or Approved Funds of such First Amendment Term Lenders, with the consent of the Borrower (such consent shall not be unreasonably withheld, conditioned or delayed).
If the Scheme or the Offer, as applicable, lapses, terminates (if relevant) or is withdrawn, the Offeror shall as soon as reasonably possible (and in any event within ten (10) Business Days) notify each First Amendment Term Lender and the Incremental Arranger in writing.
The commitments of the Additional Lenders and the undertakings of the Exchanging Term Lenders are several and no such First Amendment Term Lender will be responsible for any other First Amendment Term Lender’s failure to make, acquire or exchange the First Amendment Term Loans consisting of Tranche B-1 Term Loans and/or Tranche B-2 Term Loans, as applicable and in each case under and as defined in the Amended Credit Agreement.
The commitments of the Additional Term Lenders and the undertakings of the Exchanging Term Lenders are several and no such First Amendment Term Lender will be responsible for any other First Amendment Term Lender's failure to make, acquire or exchange First Amendment Term Loans.
It is understood and agreed that (i) all First Amendment Term Loans funded on the First Amendment Effective Date shall, from and after the funding thereof, be Term Loans for all purposes of the Credit Agreement but shall be treated as a different Class of Term Loans than the Initial Term Loans and (ii) each First Amendment Term Lender shall become a party to the Credit Agreement as a Lender to the extent not already a Lender thereunder.
Each First Amendment Term Lender shall have received (i) a upfront fee equal to 1.0% of the aggregate principal amount of the First Amendment Term Loans funded by such First Amendment Term Lender on the First Amendment Effective Date and (ii) a structuring fee equal to 1.0% of the aggregate principal amount of the First Amendment Term Loans funded by such First Amendment Term Lender on the First Amendment Effective Date.
Subject to the terms and conditions set forth herein, from the First Amendment Effective Date through and including February 28, 2016, each First Amendment Term Lender severally agrees to make a loan (collectively, the “First Amendment Term Loan”) to the Borrower, which First Amendment Term Loan shall be made in a single drawing by the Borrower, in the amount of such Lender’s First Amendment Term Loan Commitment.
Subject to the terms and conditions set forth herein, including without limitation Article III, each First Amendment Term Lender hereby agrees to make First Amendment Term Loans to the Lead Borrower on the First Amendment Effective Date in a principal amount equal to such First Amendment Term Lender’s First Amendment Term Commitment as set forth on Schedule I hereto on the First Amendment Effective Date.