Initial Syndication definition
Examples of Initial Syndication in a sentence
On the Initial Borrowing Date and to the extent that the Initial Syndication Date has occurred, the Security Trust Deed shall have been executed by the parties thereto and shall be in full force and effect.
On or prior to the Initial Borrowing Date and to the extent that the Initial Syndication Date has occurred, the definitive credit documentation related to the KfW Refinancing (including, without limitation, the Interaction Agreement) shall have been duly executed and delivered by the parties thereto and shall be reasonably satisfactory to KfW and the Refinanced Banks, and the KfW Refinancing shall be effective in accordance with its terms.
Subject to the provisions of Clause 2.3 (Non-Trust Jurisdictions), and with effect from the Initial Syndication Date each of the Secured Parties appoints the Collateral Agent and the Collateral Agent declares itself, as trustee of the Trust Property to hold the same on trust for the Secured Creditors for the purpose of securing the Secured Obligations on the terms and subject to the conditions set out in this Deed.
Subject to the provisions of Clause 2.3 (Non-Trust Jurisdictions), and with effect from the Initial Syndication Date each of the Secured Parties appoints the Delegate Collateral Agent and the Delegate Collateral Agent declares itself, trustee of the Trust Property Delegated to hold the same on trust for the Secured Creditors for the purpose of securing the Secured Obligations on the terms and subject to the conditions set out in this Deed.
Notwithstanding anything to the contrary in this Section 13.3, but subject to Section 13.1(b), the Initial Syndication shall require the prior written consent of the Seller and ADT, which may be withheld in their sole respective discretions.
Following the Initial Syndication Period, if and for so long as a Successful Syndication (as defined in the Fee Letter) has not been achieved, the syndication of the Facility shall be conducted by the Arrangers in consultation with the Borrower.
The Initial Syndication Letter also provides that the Manager shall act as administrative agent for the anticipated Term Sheet 1 Credit Facility and shall therefore be entitled to the entirety of the agent fee, which is currently contemplated to be 1% per annum of the total loan amount and is paid by the borrower.
Reference is made to the Amended and Restated Credit Agreement dated as of April 26, 2006 (the “Credit Agreement”), among Holdings, the Borrower, the lenders party thereto, the Lead Arranger, the Initial Lead Arrangers, the Syndication Agent, the Initial Syndication Agent, the Co-Documentation Agents and the Administrative Agent.
Section 2.2 of the Loan Agreement is hereby amended by deleting the language “On and after the Initial Syndication Date and until the second anniversary of the Closing Date” and replacing it with the new language “On and after the First Amendment Effective Date and until (but not including) the Maturity Date”.
The Company respectfully advises the Staff that the transaction contemplated by the Initial Syndication Letter is a loan syndication rather than the transfer of a participating interest.