Original Term A Loans definition

Original Term A Loans is defined in Section 2.2(a)(i) hereof.

Original Term A Loans has the meaning assigned thereto in the First Refinancing Amendment.

Original Term A Loans has the meaning set forth in Amendment No. 4.

Examples of Original Term A Loans in a sentence

• The Term Loans shall be evidenced by a Secured Promissory Note or Notes in the form attached as Exhibit D-1 hereto (other than the Secured Promissory Notes evidencing the Original Term A Loans which shall be in the form attached as Exhibit D-2 hereto) (each a “Secured Promissory Note”), and shall be repayable as set forth in this Agreement.

• A fully-earned, non-refundable final payment, due on the Second Amendment Date in connection with the Original Term A Loans, in the aggregate amount of Eight Hundred Fifty Thousand Dollars ($850,000.000) (the “Second Amendment Final Payment”), payable to the Lenders in accordance with their respective Pro Rata Shares (as determined immediately prior to the Second Amendment Date).

• Any Lender holding Original Term A Loans immediately prior to the effectiveness of this First Refinancing Amendment that is not a Term A-1 Lender is referred to herein as an “Exiting Term A Lender”.

• Each party hereto acknowledges and agrees that notwithstanding any such Conversion, each such Continuing Term A-1 Lender shall be entitled to receive payment on the Refinancing Amendment Effective Date of the unpaid fees and interest accrued to such date, and any amounts payable pursuant to Section 3.05 of the Credit Agreement, with respect to all of its Original Term A Loans.

• Each party hereto acknowledges and agrees that notwithstanding any such Conversion, each such Continuing Term A-1 Lender shall be entitled to receive payment on the First Refinancing Amendment Effective Date of the unpaid fees and interest accrued to such date, and any amounts payable pursuant to Section 3.05 of the Credit Agreement, with respect to all of its Original Term A Loans.

• The Term Loans shall be evidenced by a Secured Promissory Note or Notes in the form attached as Exhibit D hereto (other than the two (2) Original Term A Loans made by Oxford which shall be evidenced by Amended and Restated Secured Promissory Notes in the form attached as Exhibit E hereto) (each a “Secured Promissory Note”), and shall be repayable as set forth in this Agreement.

• The Administrative Agent shall have received from the Company funds sufficient to repay in full the outstanding Original Term A Loans and the outstanding Original Term B Loans, and the Original Term A Loans and the Original Term B Loans shall have been repaid in full.

• The Lenders hereby agree to waive (i) the Prepayment Fee (as defined in the Original Loan Agreement) with respect to the Original Term A Loans owed under the Original Loan Agreement and (ii) the WEST\281916571.5 2 Non-Utilization Fee (as defined in the Original Loan Agreement) owed under the Original Loan Agreement (but, for purposes of clarity, such waiver shall not apply to the Non-Utilization Fee set forth in this Agreement if the conditions set forth in the defined term Non-Utilization Fee are met).

More Definitions of Original Term A Loans

Original Term A Loans means the Term A Loans extended by the Original Term A Lenders to the Company pursuant to the Original Credit Agreement.

Original Term A Loans means the Term A Loans extended by the Original Term A Lenders to the Company pursuant to the Original Credit Agreement. “Original Term B Lenders” means the Lenders that advanced the Original Term B Loans to the Company under the Original Credit Agreement. “Original Term B Loans” means the Term B Loans extended by the Original Term B Lenders to the Company pursuant to the Original Credit Agreement. “Other Taxes” means any and all present or future stamp or documentary taxes or any other excise or property taxes, charges or similar levies arising from any payment made hereunder or from the execution, delivery or enforcement of, or otherwise with respect to, this Agreement. “Overadvance” means a Canadian Overadvance or a Domestic Overadvance, as the context indicates; and “Overadvances” means Canadian Overadvances and Domestic Overadvances, collectively. “Participant” has the meaning assigned to such term in Section 9.04. “Paying Guarantor” has the meaning assigned to such term in Section 10.11. “PBGC” means the Pension Benefit Guaranty Corporation referred to and defined in ERISA and any successor entity performing similar functions. “Permitted Discretion” means a determination made in good faith and in the exercise of reasonable (from the perspective of a secured asset-based lender) credit judgment. “Permitted Encumbrances” means: (a) Liens imposed by law for taxes, fees, assessments, or other governmental charges or levies on the property of a Loan Party if such (i) amounts are not at the time delinquent or (ii) do not secure obligations in excess of $250,000, are being contested in compliance with Section 5.04 and a stay of enforcement of such Lien is in effect; (b) carriers’, warehousemen’s, mechanics’, materialmen’s, repairmen’s and other like Liens imposed by law, arising in the ordinary course of business and securing obligations that are not overdue by more than 10 days or are being contested in compliance with Section 5.04; (c) Liens arising out of pledges and deposits made in the ordinary course of business in compliance with workers’ compensation, unemployment insurance, old age pensions and other social security or retirement benefits laws or regulations;