Tranche 2 Borrowing definition

Tranche 2 Borrowing means a borrowing consisting of simultaneous Tranche 2 Loans of the same Type and, in the case of Eurocurrency Rate Loans, having the same Interest Period made by each of the Tranche 2 Lenders pursuant to Section 2.01(b).

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Tranche 2 Borrowing means a borrowing consisting of simultaneous Tranche 2 Loans of the same Type and, in the case of Eurocurrency Loans, having the same Interest Period, made by each of the Tranche 2 Lenders pursuant to Section 2.01(b).

Examples of Tranche 2 Borrowing in a sentence

The obligation of each Lender to make its Tranche 2 Loan on the Tranche 2 Borrowing Date shall be subject to the prior making of the Tranche 1 Loan on the Closing Date, the delivery of a Borrowing Notice as required pursuant to Section 2.02, the delivery of a funds flow memorandum summarizing, in reasonable detail, the use of proceeds of the Tranche 2 Loans, and the prior or concurrent satisfaction of each of the conditions precedent set forth below in this Section 6.02.
The Tranche 2 Borrowing Date shall have occurred on or before June 30, 2022.
No Early Prepayment Fee shall be due or payable for any repayments or prepayments of the Loans upon the earlier to occur of (x) the Tranche 2 Borrowing Date and (y) the fourth (4th) anniversary of the Closing Date.
The Tranche 2 Borrowing Date shall have occurred on or before December 31, 2021.
The Tranche 2 Borrowing Date shall have occurred on or before September 30, 2021.
Borrower shall accept the funding of any such Tranche 2 Borrowing and shall cooperate with the Administrative Agent and the Lenders in effecting any such Tranche 2 Borrowing, including in delivery of the Notes evidencing the Loans comprising such Tranche 2 Borrowing.
At the request of the Administrative Agent, the Administrative Agent shall have received a Note in favor of each Lender for the Tranche 2 Loan being made by it on the Tranche 2 Borrowing Date, duly executed and delivered by a Responsible Officer of the Borrower.
The obligation of each Lender to make its Tranche 2 Loan on the Tranche 2 Borrowing Date shall be subject to the prior making of the Tranche 1 Loan on the Tranche 1 Borrowing Date, the delivery of a Borrowing Notice as required pursuant to Section 2.02 and the prior or concurrent satisfaction (or waiver thereof by the Agent) of each of the conditions precedent set forth below in this Section 6.02.
The Tranche 2 Undrawn Fee shall be payable monthly in arrears on each Payment Date occurring after the Closing Date until the Payment Date for the earlier to occur of (i) the Tranche 2 Borrowing Date and (ii) the month ending June 30, 2022.
The Tranche 3 Undrawn Fee shall be payable monthly in arrears on each Payment Date occurring after the Closing Date until the Payment Date for the earlier to occur of (i) the month ending June 30, 2022 if the Tranche 2 Borrowing Date has not occurred, (ii) the Tranche 3 Borrowing Date and (iii) the month ending June 30, 2023.

More Definitions of Tranche 2 Borrowing

Tranche 2 Borrowing means (i) a Canadian Prime Rate Loan Borrowing; (ii) a Canadian Base Rate Loan Borrowing; and (iii) a Drawdown of simultaneous Bankers’ Acceptances and, if applicable, BA Equivalent Advances from each of the Tranche 2 Lenders pursuant to Section 2.05.

Tranche 2 Borrowing means a borrowing consisting of simultaneous Tranche 2 Loans of the same Type, in the same currency and, in the case of Eurocurrency Rate Loans, having the same Interest Period made by each of the Tranche 2 Lenders pursuant to Section 2.01(b). “Tranche 2 Commitment” means, as to each Tranche 2 Lender, its obligation to make Tranche 2 Loans to the Borrowers pursuant to Section 2.01(b) in an aggregate principal amount at any one time outstanding not to exceed the Dollar amount set forth opposite such Tranche 2 Lender’s name on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Tranche 2 Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement. “Tranche 2 Lender” means a Lender with a Tranche 2 Commitment or holding Tranche 2 Loans. “Tranche 2 Loan” has the meaning specified in Section 2.01(b). “Treaty Lender” means a Lender which: (a)

Tranche 2 Borrowing means a borrowing consisting of Tranche 2 Loans made on the same day by the Lenders in accordance with their respective Proportionate Share of the Commitment in an aggregate principal amount of $15,000,000. “Tranche 2 Loan” means each loan advanced by a Lender pursuant to Section 2.01(a) as part of a Tranche 2 Borrowing. “Tranche 3 Borrowing” means a borrowing consisting of Tranche 3 Loans made on the same day by the Lenders in accordance with their respective Proportionate Share of the Commitment in an aggregate principal amount of $25,000,000. “Tranche 3 Loan” means each loan advanced by a Lender pursuant to Section 2.01(a) as part of a Tranche 3 Borrowing. “Transactions” means the execution, delivery and performance by each Obligor of this Agreement and the other Loan Documents to which such Obligor is intended to be a party, and the Borrowings (and the use of the proceeds of the Loans), the consummation of the purchase and sale of the Shares in connection with the exercise of the Share Purchase Option under and in accordance with the Option Agreement and the consummation of the other transactions contemplated by this Agreement and the other Loan Documents. “UCC” means the Uniform Commercial Code in effect in the State of New York; provided, however, that in the event that, by reason of mandatory provisions of Law, any or all of the attachment, perfection, or priority of, or remedies with respect to the Administrative Agent’s Lien on any Collateral is governed by the Uniform Commercial Code in effect in a jurisdiction other than the State of New York, the term “UCC” shall mean the Uniform Commercial Code as enacted and in effect in such other jurisdiction solely for purposes of the provisions thereof relating to such attachment, perfection, priority or remedies, and for purposes of definitions relating to such provisions. “U.S. Government Securities Business Day” means any day except for (a) a Saturday, (b) a Sunday or (c) a day on which the Securities Industry and Financial Markets Association recommends that the fixed income departments of its members be closed for the entire day for purposes of trading in United States government securities. “U.S. Person” means a “United States Person” within the meaning of Section 7701(a)(30) of the Code. “U.S. Tax Compliance Certificate” has the meaning set forth in Section 5.01(e)(ii)(B)(3). 136158242.1 136158242.6 31

Tranche 2 Borrowing means a borrowing consisting of simultaneous Tranche 2 Loans of the same Type and, in the case of Eurocurrency RateTerm Benchmark Loans, having the same Interest Period made by each of the Tranche 2 Lenders pursuant to Section 2.01(b). “Tranche 2 Commitment” means, as to each Tranche 2 Lender, its obligation to make Tranche 2 Loans to the Borrower pursuant to Section 2.01(b) in an aggregate principal amount at any one time outstanding not to exceed the Dollar amount set forth opposite such Tranche 2 Lender’s name on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Tranche 2 Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement. “Tranche 2 Lender” means a Lender with a Tranche 2 Commitment or holding Tranche 2 Loans. “Tranche 2 Loan” has the meaning specified in Section 2.01(b). “Tranche 2 Maturity Date” means the date that is three years after the Closing Date. “Tranche 1 Ticking Fee” has the meaning specified in Section 2.09(a)(i). “Tranche 2 Ticking Fee” has the meaning specified in Section 2.09(a)(ii). “Transactions” means, collectively, any and all of the following (whether or not consummated): (i) the Combination Transactions, (ii) the entry into the Transaction Agreements and all the transactions thereunder, (iii) the entry into this Agreement, and the initial incurrence of Indebtedness hereunder and (iv) all other transactions relating to any of the foregoing (including payment of fees and expenses related to any of the foregoing). 35 1006836498v2

Tranche 2 Borrowing means a borrowing consisting of simultaneous Tranche 2 Loans of the same Type, in the same currency and, in the case of Eurocurrency RateTerm SOFR Loans or Alternative Currency Term Rate Loans, having the same Interest Period made by each of the Tranche 2 Lenders pursuant to Section 2.01(b). “Tranche 2 Commitment” means, as to each Tranche 2 Lender, its obligation to make Tranche 2 Loans to the Borrowers pursuant to Section 2.01(b) in an aggregate principal amount at any one time outstanding not to exceed the Dollar amount set forth opposite such Tranche 2 Lender’s name on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Tranche 2 Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement. “Tranche 2 Facility Fee” has the meaning specified in Section 2.09(a)(ii). “Tranche 2 Lender” means a Lender with a Tranche 2 Commitment or holding Tranche 2 Loans. “Tranche 2 Loan” has the meaning specified in Section 2.01(b). “Transaction Agreements” has the meaning specified in the recitals hereto. 41