Examples of Incremental Term B-2 Loan in a sentence
All references to the Credit Agreement in any document, instrument, agreement, or writing shall from and after the Incremental Term B-2 Loan Effective Date be deemed to refer to the Credit Agreement as amended hereby, and, as used in the Credit Agreement, the terms “Agreement,” “herein,” “hereafter,” “hereunder,” “hereto” and words of similar import shall mean, from and after the Incremental Term B-2 Loan Effective Date, the Credit Agreement as amended hereby.
The Parent Borrower agrees to pay on the Amendment No. 4 Effective Date to each Incremental Term B-2 Lender, as fee compensation for the funding of such Lender’s Incremental Term B-2 Loan, a funding fee (the “Amendment No. 4 Funding Fee”) in an amount equal to 0.25% of the stated principal amount of such Lender’s Incremental Term B-2 Loans funded on the Amendment No. 4 Effective Date.
The Applicable Rate for the Incremental Term B-2 Loans shall be (x) 3.25% per annum, in the case of any Incremental Term B-2 Loan that is a Eurodollar Rate Loan, and (y) 2.25% per annum, in the case of any Incremental Term B-2 Loan that is a Base Rate Loan.
Each Incremental Term B-2 Lender agrees that (i) effective on and at all times after the Second Amendment Effective Date, such Incremental Term B-2 Lender will be bound by all obligations of a Lender under the Credit Agreement and (ii) on the Second Amendment Effective Date, such Incremental Term B-2 Lender will fund an Incremental Term B-2 Loan in Dollars to the Administrative Agent for the account of the Borrower in an amount equal to such Incremental Term B-2 Lender’s Incremental Term B-2 Commitment.
For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), the Borrowers and the Administrative Agent shall treat (and the Incremental Term B-2 Lender hereby authorizes the Administrative Agent to treat) the Incremental Term B-2 Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Not later than 60 days after the Incremental Term B-2 Loan Effective Date (or such later date as the Administrative Agent may agree in its reasonable discretion), the Parent Borrower shall provide to the Administrative Agent an endorsement to the liability insurance policy of JHP Group and its subsidiaries naming the Administrative Agent as additional insured.
The Incremental Term B-2 Lender hereby agrees to make the Incremental Term B-2 Loan to the Parent Borrower in an amount equal to its Incremental Term B-2 Commitment on the Amendment No. 4 Effective Date in accordance with Section 2.01(e) of the Credit Agreement.
The Administrative Agent may net such upfront fees against the proceeds of the Incremental Term B-2 Loan to the Company Borrower.
For purposes of determining compliance with the conditions specified in this Section 4, each Lender that has signed this Agreement shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to a Lender unless the Administrative Agent shall have received notice from such Lender prior to the Incremental Term B-2 Loan Effective Date specifying its objection thereto.
Accrued Incremental Term B-2 Unused Commitment Fees shall be payable in arrears on the last day of March, June, September and December of each year and on the date on which the Incremental Term B-2 Loan Commitments terminate, commencing on the first such date to occur after the Amendment Effective Date.