Examples of Second Additional Term Loans in a sentence
Once repaid, whether such repayment is voluntary or required, Second Additional Term Loans may not be reborrowed.
The Borrower and the Administrative Agent agree to treat, for U.S. federal income tax purposes, (i) the Second Additional Term Loans as issued in a “qualified reopening” (within the meaning of Treasury Regulations section 1.1275-2(k)) of the Existing Term Loans and (ii) as of the Fourth Amendment Effective Date, the Term Loans (including the Second Additional Term Loans) as fungible.
Each of the First Additional Term Loans, the Second Additional Term Loans and the Third Additional Term Loans shall constitute an increase to the class of Loans then outstanding.
Amounts repaid or prepaid in respect of Second Additional Term Loans may not be reborrowed.
The commitment of the Term Lenders to make the Second Additional Term Loans terminated concurrently with the making of the Second Additional Term Loans, if any, as of February 28, 2015.
For U.S. Federal income tax purposes, the Borrowers, Second Additional Term B Lenders and the Administrative Agent agree to treat this Amendment as not resulting in a “significant modification” (within the meaning of Treasury Regulations Section 1.1001-3(e)) of the Loans or the Credit Agreement, and to treat the Second Additional Term Loans as a “qualified reopening” (within the meaning of Treasury Regulations section 1.1275-2(k)) of, and fungible with, the Initial Term Loans and the Additional Term Loans.
The Administrative Agent shall have received a completed Notice of Borrowing executed by the Company, on behalf of the Borrowers, in accordance with Section 6.3 of the Credit Agreement with respect to the Second Additional Term Loans in the principal amount of $207,905,250 (together with any applicable indemnity agreement relating to LIBOR Rate Loans).
For the purpose of Section 4.6 of the Credit Agreement, this Amendment shall constitute the Additional Term Loan Agreement with respect to the Second Additional Term Loans.
The proceeds of the Second Additional Term Loans shall be used to finance the cash purchase price of the Camden Acquisition and the transaction costs associated with the Camden Acquisition, to prepay Revolving Credit Loans outstanding hereunder in order to allow the issuance of Letters of Credit hereunder to support the obligations of the Borrower and/or Camden with respect to the IRBs and to provide working capital to the Borrower.
On the Amendment No. 2 Effective Date, all Original Term Loans which remain outstanding, all Additional Term Loans which remain outstanding and all Second Additional Term Loans shall be “Term Loans” under this Agreement.