Subsequent Borrowing Date definition
Examples of Subsequent Borrowing Date in a sentence
The proceeds of any Loans made on any Subsequent Borrowing Date will be used to provide funding for additional consideration, fees and expenses that are then payable or are reasonably expected to be payable in connection with (x) the purchase of any shares of the Target tendered during any subsequent offering period pursuant to the Acquisition Documents (if applicable) and (y) the consummation of the Merger.
It is understood and agreed that the representations and warranties set forth in Section 4.01 and Section 4.02 are made and accurate on the Closing Date, at the time of the initial Borrowing, and on each Subsequent Borrowing Date and Remittance Date thereafter.
It is understood and agreed that the representations and warranties set forth in Section 4.01 are made on the date of this Agreement (which representations and warranties shall survive the execution and delivery of this Agreement), at the time of the initial Borrowing, and on each Subsequent Borrowing Date and Remittance Date thereafter.
It is understood and agreed that the representations and warranties set forth in Section 4.01 and Section 4.02 are made and true and correct on the date of this Agreement, at the time of the initial Borrowing, and on each Subsequent Borrowing Date and Remittance Date thereafter.
The Joining Lender hereby acknowledges, agrees, and confirms that from and after the Subsequent Borrowing Date, it shall be bound by the provisions of the Amended and Restated Loan Agreement and other Loan Documents to which it is bound as a Lender thereunder and, to the extent of the Facility Increase Amount being advanced by it, shall have the obligations of a Lender thereunder.
With respect to each Subsequent Borrowing Date, the Payment Agent shall revise Schedule 2.03, so that it shows that the amounts to be paid on each subsequent Payment Date equal the product of the Amortization Percentage and the sum of (x) the aggregate of all Term Commitments as of the Borrowing Date and (y) all Nominal Facility Increase Amounts.
After the second Payment Date, no Subsequent Borrowing Date shall occur, no Facility Increase Amount shall be made available to the Borrowers, and no Joining Lender Agreement related to a Facility Increase Amount not already made available to the Borrowers shall be of any force or effect.
Failure of the Lenders to receive notice from the Borrowers to the contrary before the Subsequent Borrowing Date shall constitute a further representation and warranty by the Borrowers that the conditions set forth in this Section 3.02 have been satisfied as of the Subsequent Borrowing Date.
Subject to the terms and conditions of this Agreement (including, without limitation, Sections 2.03 and 3.02 hereof), Lenders shall make the Subsequent Term Loan on the Subsequent Borrowing Date.
It is understood and agreed that the representations and warranties set forth in Section 4.01 are made and accurate on the date of this Agreement, at the time of the initial Borrowing, and on each Subsequent Borrowing Date and Settlement Date thereafter.