Examples of Term F Note in a sentence
At the request of any Lender, Borrowers shall deliver a Term B Note, Term C Note, Term D Note, Term E Note, Term F Note or Term G Note in the principal amount equal to such Lender’s Term B Loans, Term C Loans, Term D Loans, Term E Loans, Term F Loans or Term G Loans, as applicable, to such Lender.
The closing of the issuance, sale and delivery of the Term F Note and the other transactions contemplated by this Amendment shall take place at the offices of Irell & Xxxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxx, Xxxxx 000, Xxx Xxxxxxx, Xxxxxxxxxx 00000, on the Fourth Amendment Effective Date.
The execution, delivery and performance by the Company and the Subsidiary Guarantors of this Amendment and each other Amendment Documents to which it is a party (or which it has consented to or acknowledged), the issuance, sale and delivery of the Term F Note and the consummation of the other transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action on the part of the Company and the Subsidiary Guarantors, as applicable.
The consummation of the transactions contemplated by this Amendment (including the purchase by the Purchaser of the Term F Note) shall not be prohibited by or violate any Applicable Laws and shall not subject any party to any Tax, penalty or liability, under or pursuant to any Applicable Laws.
The Company has the requisite power and authority to issue, sell, deliver and perform its obligations under the Term F Note.
Each of the undersigned Subsidiary Guarantors further acknowledges and agrees that the Term F Note, as amended by the foregoing Amendment, and the other Notes each constitutes a Guarantied Obligation and reaffirms its obligations under the Subsidiary Guaranty and the other Related Agreements to which it is a party, all of which remains in full force and effect.
At the closing, the Company shall deliver to the Purchaser the Term F Note, duly executed by the Company, against delivery by the Purchaser of the Term F Note Purchase Price (net of amounts permitted to be withheld pursuant to Sections 4(a)(vii)) by wire transfer in immediately available funds to such bank as the Company may request in writing (which request shall be made in writing at least one (1) Business Day prior to the Fourth Amendment Effective Date).
The Purchaser shall have delivered to the Company the Term F Note Purchase Price, less the fees, costs and expenses to be reimbursed by the Company under Section 4(a)(vii).
The Company hereby ratifies, approves and affirms in all respects each of the Securities Purchase Agreement, as amended hereby, the Notes (including the Term D Note, the Term E Note and the Term F Note), the Collateral Documents (including the Liens granted in favor of the Purchaser under the Collateral Documents) and each of the other Related Agreements, the terms and other provisions hereof and thereof and the Obligations hereunder and thereunder.
The Purchaser shall have received the Term F Note, dated the Fourth Amendment Effective Date, duly executed by the Company and acknowledged and consented to by the Subsidiary Guarantors (together with this Amendment, the “Amendment Documents”).