Examples of New Term A Loans in a sentence
The Parent Borrower shall have paid to the Administrative Agent, for the account of each Required Covenant Lender that submits its consent hereto to the Administrative Agent prior to 5:00 p.m. New York City time on April 24, 2020, a consent fee in an amount equal to 0.125% of the aggregate principal amount of Revolving Loan Commitments, Revolving Credit Loans and New Term A Loans held by such consenting Lender immediately prior to the effectiveness of this Amendment.
The New Term A Loans shall be denominated in Dollars and shall be made in a single drawing on the Effective Date.
Each Loan Party hereby acknowledges its receipt of a copy of this Amendment and its review of the terms and conditions hereof and hereby confirms and consents to the terms and conditions of this Amendment and the transactions contemplated thereby, including the extension of New RC Commitments, New RC Loans and New Term A Loans.
The Borrower, the Administrative Agent and the New Term A Lenders hereby agree that the Credit Agreement will be amended to provide for the New Term A Loans as set forth in this Joinder and Amendment Agreement upon the satisfaction (or waiver by the New Term A Lenders) of the Effective Date Conditions.
All New Term A Loans funded shall (i) constitute Obligations and have all of the benefits thereof; (ii) have terms, rights, remedies, privileges and protections set forth in the Amended Credit Agreement and each of the other Credit Documents; and (iii) be secured by the Liens granted (I) to the Collateral Agent for the benefit of the Secured Parties under the Security Documents and/or (II) to the Secured Parties in their capacity as such (or to any of them).
For the avoidance of doubt, any prepayments under the Credit Agreement shall be made ratably between the 2020 New Term A Loans and the existing 2020 Term A Loans based on the outstanding principal amounts thereof and for purposes of Class voting the 2020 New Term A Loans and existing 2020 Term A Loans shall be deemed to vote as if they were one Class.
For the avoidance of doubt, solely for purposes of FATCA, none of the 2020 New Term A Loans and none of the 2020 Term A Loans outstanding under the Credit Agreement immediately prior to the 2017 November Second Joinder Effective Date qualify as “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
The commitments of the Increased Revolving Credit Lenders and the Additional Revolving Credit Lenders and the refinancing undertakings of the Exchanging Revolving Credit Lenders are several and no such New Revolving Credit Lender will be responsible for any other New Revolving Credit Lender’s failure to make or acquire by refinancing New Revolving Credit Commitments or New Revolving Credit Loans or for any New Term A Lender’s failure to make or acquire by refinancing New Term A Loans.
On the Restatement Date, Holdings shall apply a portion of the aggregate proceeds of the New Term A Loans to prepay in full the principal amount of all Existing Term Loans and to pay accrued and unpaid interest, fees and expenses in connection therewith.
The 2020 New Term A Loans shall be denominated in Dollars and made in a single drawing on the 2017 November Second Joinder Effective Date.