Second Incremental Term Loans definition
Examples of Second Incremental Term Loans in a sentence
Second Incremental Term Loans shall be made as Eurocurrency Rate Loans as further provided in Amendment No. 2.
The first Interest Payment Date applicable to the Second Incremental Term Loans shall be March 31, 2020.
Subject to the terms and conditions set forth herein and in the Joinder Agreement for the Second Incremental Term Loans, on the Second Incremental Term Loan Commitment Effective Date, each Lender party thereto (each, a “Second Incremental Term Loan Lender”) severally agrees to make its portion of a Loan (each, a “Second Incremental Term Loan”) in a single advance to the Borrower in the amount of its Second Incremental Term Loan Commitment as set forth in such Joinder Agreement.
The Second Incremental Term Loans shall be subject in all respects to the terms of the Financing Agreement.
The Borrower shall propose the effective date for the making of the Second Incremental Term Loans pursuant to this Section 2.01(d), which date shall be a Business Day (the “Second Incremental Term Loan Commitment Effective Date”) and, if applicable, the final allocation of such Second Incremental Term Loan Commitments among the Second Incremental Term Loan Lenders.
As of the Second Incremental Term Loan Commitment Effective Date, upon satisfaction or, as applicable, waiver of the conditions set forth in this Section 2.01(c) and Section 5.04 and the making of the Second Incremental Term Loans, the Administrative Agent shall record the information contained in the applicable Joinder Agreements in the Register and give prompt notice of the Second Incremental Term Loan Commitments to the Borrower and the Lenders (including each Second Incremental Term Loan Lender).
Borrower and each Guarantor acknowledge and agree that, both before and after giving effect to this Agreement, Borrower and each Guarantor are, jointly and severally, indebted to the Lenders and the other Secured Parties for the Obligations (including the Obligations in respect of the Second Incremental Term Loans provided pursuant to this Agreement), without defense, counterclaim or offset of any kind.
In order for the Second Incremental Term Loans to be issued, the Borrower, the Second Incremental Term Loan Lenders, the Administrative Agent and the other Persons party thereto shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the Administrative Agent, pursuant to which the Second Incremental Term Loan Lenders will provide the Second Incremental Term Loan Commitments.
For avoidance of doubt, Loan Parties authorize the Second Incremental Term Lender to directly apply the proceeds of the Second Incremental Term Loans to the satisfaction of this Obligation.
If no Event of Default shall have occurred and be continuing at the time of the applicable prepayment, the references to the Loans in the immediately preceding sentence shall refer first to the 2020 Loans, second to the 2021 Loans and then, pro rata, to the Initial Restatement Advance Loans and, the Incremental Advance Loans and the Second Incremental Term Loans.