Tranche 1 Term Lender definition

Tranche 1 Term Lender means a Lender with a Tranche 1 Term Commitment or an outstanding Tranche 1 Term Loan.

Tranche 1 Term Lender means each Lender that has a Tranche 1 Term Loan Commitment or, following termination of the Tranche 1 Term Loan Commitments, has Tranche 1 Term Loans outstanding.

Tranche 1 Term Lender means each Term Loan Lender who either (a) did not deliver to the Agent an executed signature page to the First Amendment on or before the closing of business on November 13, 2009 or (b) delivered to the Agent an executed signature page to the First Amendment on or before November 13, 2009 that indicated that such Lender would not agree to extend the maturity date of all of the Term Loans held by such Lender or (c) delivered to the Agent an executed signature page to the First Amendment on or before November 13, 2009 that indicated that such Lender would extend only a portion of the Term Loans held by such Lender (and such Lender shall be a Tranche 1 Term Lender with respect to the portion of the Term Loans not so extended); provided that a Term Loan Lender who delivers written notice to the Agent after November 13, 2009 but on or before November 30, 2009 that such Term Loan Lender agrees to extend the maturity date of all of the Term Loans held by such Term Lender to the Xxxxxxx 0 Xxxx Xxxxxxxx Date pursuant to the terms of the definition of "Tranche 2 Term Lender" shall not be a Tranche 1 Term Lender after the date of the delivery of such notice. FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT, Page 2 64226.001095 EMF_US 28805286v6

Examples of Tranche 1 Term Lender in a sentence

• Promptly upon receipt by the Administrative Agent of a Funding Notice in accordance with this paragraph, the Administrative Agent shall notify each Incremental Tranche 1 Term Lender of the details thereof and of the amount of such Incremental Tranche 1 Term Lender’s Incremental Tranche 1 Term Loan to be made as part of the requested Incremental Tranche 1 Term Borrowing.

• Each Incremental Tranche 1 Term Lender’s Incremental Tranche 1 Term Loan Commitment shall terminate immediately and without any further action on the First Amendment and Incremental Agreement Effective Date upon the making of an Incremental Tranche 1 Term Loan by such Incremental Tranche 1 Term Lender.

• Subject to the terms and conditions set forth herein, each Tranche 1 Term Lender severally agrees to make to the Company a single loan on the Restatement Effective Date denominated in Dollars in an aggregate principal amount not exceeding its Tranche 1 Term Commitment.

• FCX hereby unconditionally promises to pay to the Administrative Agent on the Maturity Date, for the account of each Tranche 1 Term Lender, the then unpaid principal amount of each Tranche 1 Term Loan of such Lender.

• Subject to the terms and conditions set forth in this Agreement, each Tranche 1 Term Lender severally and not jointly agrees to make a Tranche 1 Term Loan in Dollars to the Borrower on the Effective Date in an aggregate principal amount equal to, but not exceeding, such Tranche 1 Term Lender’s Tranche 1 Term Commitment.

• Xxxxxxx Title: Chief Financial Officer For the avoidance of doubt, Fortress Credit Opportunities I LP is not executing this signature page to the Amendment and Incremental Agreement as an Incremental Tranche 1 Term Lender.

More Definitions of Tranche 1 Term Lender

Tranche 1 Term Lender means each Term Loan Lender who either (a) did not deliver to the Agent an executed signature page to the First Amendment on or before the closing of business on November 13, 2009 or (b) delivered to the Agent an executed signature page to the First Amendment on or before November 13, 2009 that indicated that such Lender would not agree to extend the maturity date of all of the Term Loans held by such Lender or (c) delivered to the Agent an executed signature page to the First Amendment on or before November 13, 2009 that indicated that such Lender would extend only a portion of the Term Loans held by such Lender (and such Lender shall be a Tranche 1 Term Lender with respect to the portion of the Term Loans not so extended); provided that a Term Loan Lender who delivers written notice to the Agent after November 13, 2009 but on or before November 30, 2009 that such Term Loan Lender agrees to extend the maturity date of all of the Term Loans held by such Term Lender to the Tranche 2 Term Maturity Date pursuant to the terms of the definition of "Tranche 2 Term Lender" shall not be a Tranche 1 Term Lender after the date of the delivery of such notice.