Examples of Term D Lender in a sentence
This Amendment will become effective upon receipt by the Administrative Agent of executed signature pages hereto from the Requisite Lenders under and as defined in the Credit Agreement, each Term D Lender and each of the other parties listed on the signature pages hereto.
The Term D Lender shall have no obligations hereunder save under sub-clause 2.2.1 of Clause 2.2 (Obligations several), sub-clause 2.4.5 of Clause 2.4 (Additional Borrowers), Clause 10.4 (Release of security on Disposals), Clause 10.5 (Release of security at end of Security Period) and Clause 16 (The Finance Parties) notwithstanding any other provision hereof.
Without prejudice to its rights at law, following a Default which is continuing each Finance Party (other than the Term D Lender) may set off any matured obligation owed by a Borrower under any Financing Document against any obligation (whether or not matured) owed by the relevant Finance Party to that Borrower, regardless of the place of payment, booking branch or currency of either obligation.
Term D Lender agrees to make a term loan (each, a “U.S. Term D Loan”) on the Amendment No. 4 Effective Date in Dollars to the U.S. Borrower in an amount equal to such Lender’s U.S. Term D Commitment.
Each Term D Lender severally agrees, on the terms and conditions hereinafter set forth, to make a single advance (a "TERM D ADVANCE") to the Borrower on the Business Day that the conditions to effectiveness of Amendment No. 4 to this Agreement have been met in an amount not to exceed such Lender's Term D Commitment at such time; provided, that the proceeds thereof shall immediately be applied to repay Advances under the Working Capital Facility.
For the purposes of this Clause 13, any reference to a Bank or Banks or Party or Parties shall not include the Term D Lender.
Not later than 2:00 p.m. (Charlotte time) on the applicable borrowing date, each Term C Lender and Term D Lender, as applicable, will make available to the Administrative Agent, for the account of the Borrowers, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Term C Loan Percentage of the Term C Loans and such Lender's Term D Loan Percentage of the Term D Loans, as applicable, to be made on such borrowing date.
Any Lender not responding within such time period shall be deemed to have declined to provide an Incremental Term Commitment and, to the extent any Term D Lender declines to make available its pro rata share of such Incremental Term Commitments, the Borrowers may also invite additional Persons to become Lenders.
Each Term D Lender's Term D Loans and the obligations of the Borrowers to repay such Term D Loans shall be evidenced by either (i) this Agreement or (ii) a Term D Note executed by the Borrowers payable to the order of such Term D Lender.
The 2019 Term A Commitment of each 2019 Term A Lender, the 2017 Term E Commitment of each 2017 Term E Lender and the 2021 Term D Commitment of each 2021 Term D Lender shall, in each case, terminate in accordance with the Third Amendment and Restatement Agreement.