Examples of Fourth Amendment Term Loans in a sentence
For the avoidance of doubt, at all times the Fourth Amendment Term Loans shall be secured by Liens on the Collateral securing the Initial Term Loans, which Liens shall rank pari passu, and shall be guaranteed by the same Persons that guarantee the Initial Term Loans.
The Toronto-Dominion Bank, New York Branch (“TD Bank”) and The Bank of Nova Scotia (“Scotiabank” and together with TD Bank, each a “New Lender”) for the purpose of funding the Fourth Amendment Term Loans (as defined herein) and to extend additional Revolving Commitments, each New Lender desires to join in, and become party to, the Credit Agreement as a Lender thereunder.
The “Specified Representations” means the representations and warranties of the Loan Parties set forth in Sections 5(a), 5(b)(ii) (solely to the extent relating to clause (a) of the definition of “Requirement of Law” contained in the Credit Agreement), 5(c) and 5(d) hereof (solely to the extent relating to Sections 3.08, 3.09, 3.10 (solely to the extent relating to the use of proceeds of the Fourth Amendment Term Loans and the Revolving Loans made on such date) and 3.16 of the Credit Agreement).
The funding of the Fourth Amendment Term Loans shall be in addition to the Closing Date Term Loans under this Agreement outstanding immediately prior to the Fourth Amendment Effective Date, and the Fourth Amendment Term Commitment of each Term Lender shall terminate upon the funding by such Term Lender of its Fourth Amendment Term Loan on the Fourth Amendment Effective Date.
Upon the making of the Fourth Amendment Term Loans hereunder, the Administrative Agent shall record in the Register the Fourth Amendment Term Loans made by the Fourth Amendment Term Lenders hereunder.
The Fourth Amendment Term Loans shall be “Term Loans” for all purposes under this Agreement and each other Loan Document and, except as expressly set forth in this Agreement, shall have terms identical to the Closing Date Term Loans.
The proceeds of any Incremental Term Loan shall be used to finance Permitted Acquisitions; provided that, for the first $100,000,000 of Incremental Term Loans (including the First Amendment Term Loans, the Second Amendment Term Loans and the Fourth Amendment Term Loans) funded pursuant to Section 2.27 after the Closing Date, such Incremental Term Loans may also be used for general corporate purposes and working capital.
The Administrative Agent and the Required Lenders hereby consent to increase the amount of Incremental Term Loans that the Loan Parties may use for general corporate purposes and working capital from the first $60,000,000 of Incremental Term Loans to the first $100,000,000 of Incremental Term Loans (including the First Amendment Term Loans, the Second Amendment Term Loans and the Fourth Amendment Term Loans).
XxXxxxxx Title: Senior Vice President ConformedEXECUTION VERSION CUSIP Numbers: Fourth Amendment Term Loans: 85915LAN8LAP3 THE MUFG BANK OF TOKYO-MITSUBISHI UFJ, LTD., XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED,BOFA SECURITIES, ARTICLE I.
In connection with this Amendment, the Interest Periods applicable to the Closing Date Term Loan shall be reset as necessary to cause the Interest Periods applicable to the Closing Date Term Loan to be identical to the Interest Periods applicable to the Fourth Amendment Term Loans funded on the Fourth Amendment Effective Date.