Common use of Loan Commitments Clause in Contracts

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche B Term Loan Commitment. The Borrower may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments which shall be on the Closing Date. Any amounts borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Tranche B Term Loan on such date.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Gen Probe Inc)

Loan Commitments. Subject to the terms and conditions hereof, (i) , each Term Loan Lender severally agrees to make, make the CCTP Term Loan on the Closing Date, a Tranche A CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to the Borrower in Dollars in an amount equal to such Lender’s Tranche A Pro Rata Share of the requested CCTP Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower in Dollars in an amount equal up to such Lender’s CCTP Tranche B Commitment and such Lender’s Pro Rata Share of the requested SPLNG Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. The Borrower may make only one borrowing two borrowings under each of the Tranche A Term Loan Commitments Commitment (the CCTP Term Loan and the Tranche B SPLNG Term Loan Commitments Loan), which shall be on the Closing CCTP Funding Date and the SPLNG Funding Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a2.12(a) (Voluntary Prepayments) and 2.142.13 (Mandatory Prepayments; Commitment Termination), all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Final Maturity Date. Each Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s CCTP Tranche A Term Loan Commitment and/or and SPLNG Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing CCTP Funding Date and SPLNG Funding Date, upon and respectively, in each case, after giving effect to the funding in full of such Term Loan Lender’s Tranche A Term Loan and/or Tranche B Pro Rata Share of the requested Term Loan on such date.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement

Loan Commitments. (i) Subject to the terms and conditions hereof, (i) , each Lender with an Initial Tranche A Term Loan Commitment severally agrees to make, on the Closing Date, a one or more term loans (each, an “Initial Tranche A Term Loan Loan”) to the Borrower in Dollars in an amount equal to such Lender’s Initial Tranche A Term Loan Commitment; and. The Borrower may make only one borrowing under the Initial Tranche A Term Loan Commitment which shall be on the Closing Date. Any amount borrowed under this Section 2.1(a)(i) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11(a) and 2.12, all amounts owed hereunder with respect to the Initial Tranche A Term Loans shall be paid in full no later than the Maturity Date applicable to such Initial Tranche A Term Loans. Each Lender’s Initial Tranche A Term Loan Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Lender’s Initial Tranche A Term Loan Commitment on such date. (ii) Subject to the terms and conditions hereof, each Lender with an Initial Tranche B Term Loan Commitment severally agrees to make, on the Closing DateDate one or more term loans (each, a an “Initial Tranche B Term Loan Loan”) to the Borrower in Dollars in an amount equal to such Lender’s Initial Tranche B Term Loan Commitment. The Borrower may make only one borrowing under each of the Tranche A Term Loan Commitments and the Initial Tranche B Term Loan Commitments Commitment which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a2.1(a)(ii) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a2.11(a) and 2.142.12, all amounts owed hereunder with respect to the Tranche A Term Loans and the Initial Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the applicable to such Initial Tranche B Term Loan Maturity Date, respectivelyLoans. Each Lender’s Tranche A Term Loan Commitment and/or Initial Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Initial Tranche B Term Loan Commitment on such date.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Lannett Co Inc), Credit and Guaranty Agreement (Lannett Co Inc)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A X Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche A X Term Loan Commitment; and; (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B A Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche B A Term Loan Commitment; (iii) each Lender severally agrees to make, on the Closing Date, a Tranche B-1 Term Loan to Borrower in Dollars in an amount equal to such Lender’s Tranche B-1 Term Loan Commitment; and (iv) each Lender severally agrees to make, on the Closing Date, a Tranche B-2 Term Loan to Borrower in Dollars in an amount equal to such Lender’s Tranche B-2 Term Loan Commitment. The Borrower may make only one borrowing under each of the Tranche A Term Loan Commitments, Tranche B-1 Term Loan Commitments, Tranche B-2 Term Loan Commitments and the Tranche B X Term Loan Commitments which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans, the Tranche B-1 Term Loans, the Tranche B-2 Term Loans and the Tranche B X Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date, the Tranche B Term Loan Maturity Date and the Tranche B X Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment, Tranche B-1 Term Loan Commitment, Tranche B-2 Term Loan Commitment and/or and Tranche B X Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Commitment, Tranche B B-1 Term Loan Commitment, Tranche B-2 Term Loan Commitment and Tranche X Term Loan Commitment on such date.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on at any time prior to the Closing Term Loan Commitment Termination Date, a Tranche A Term Loan to the Borrower in Dollars Company in an amount equal not to exceed such Lender’s Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing DateDate and on the date that the Tranche A Term Loan is made, a Tranche B Term Loan to the Borrower in Dollars Company in an aggregate amount equal not to exceed such Lender’s Tranche B Term Loan Commitment. The Borrower Company may make only one borrowing under each of the Tranche A Term Loan Commitments and Commitment which shall be at any time prior to the Term Loan Commitment Termination Date. Company may make a maximum of two borrowings under the Tranche B Term Loan Commitments which Commitment, which, in the case of the initial Tranche B Term Loan borrowing, shall be on the Closing Date. Any amounts borrowed under this Section 2.01(a) with respect Date in an aggregate amount equal to $27,500,000, and, in the case of the second Tranche B Term Loan borrowing, shall be on the date that the Tranche A Term Loan and the Tranche B Term Loan is made. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) 2.11 and 2.142.12, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Term Loan Commitment Termination Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Tranche B Term Loan Commitment, if any, on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Granite Broadcasting Corp)

Loan Commitments. Subject to the terms and conditions hereof, , (ix) each Lender severally agrees to make, on the Closing Third Restatement Date, a Tranche A Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower Loans in Dollars to Borrower in an amount equal to such Lender’s Tranche B Term Loan Commitment. The Borrower may make only one borrowing under each of Commitment and (y) the Tranche A Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Loan Commitments and Lender agrees to make, on the Amendment No. 16 Effective Date, a Tranche B Term Loan Commitments which shall be on in Dollars to Borrower in an amount equal to the Closing DateAdditional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Commitment Amount. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Third Restatement Date after giving effect to the funding of such Lender’s Tranche A B Term Loan and/or Commitment on such date. The Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Loan Lender’s Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Commitment shall terminate immediately and without further action on the Amendment No. 16 Effective Date after giving effect to the funding of such Lender’s Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Commitment on such date. (b) Borrowing Mechanics for Tranche B Term Loans on the Third Restatement Date. (i) Borrower shall deliver to Administrative Agent a fully executed Funding Notice for Tranche B Term Loans no later than three days prior to the Third Restatement Date. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowings. - 57 - (ii) Each Lender shall make its Tranche B Term Loan available to Administrative Agent not later than 11:00 a.m. (New York City time) on the Third Restatement Date, by wire transfer of same day funds in Dollars at the Principal Office designated by Administrative Agent. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Tranche B Term Loans available to Borrower on the Third Restatement Date by causing an amount of same day funds in Dollars equal to the proceeds of all such dateLoans received by Administrative Agent from Lenders to be credited to the account of Borrower, at the Principal Office designated by Administrative Agent or to such other account as may be designated in writing to Administrative Agent by Borrower.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Restatement Date, a Initial Draw Tranche A Term Loan to the Borrower Loans in Dollars to Borrower in an amount equal to such Lender’s Initial Draw Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing each Delayed Draw Funding Date, a Tranche B Delayed Draw Term Loan to the Borrower Loans in Dollars to Borrower in an amount equal not to exceed such Lender’s Tranche B Term Loan Delayed Draw Commitment. The Borrower may make only one borrowing under each of the Initial Draw Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments Commitments, which shall be on the Closing Restatement Date. Borrower may make up to three (3) borrowings each in a minimum amount of no less than $50,000,000 under the Delayed Draw Commitments, which shall be on the Delayed Draw Funding Dates. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Initial Draw Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Restatement Date after giving effect to the funding of such Lender’s Initial Draw Tranche A Term Loan and/or Tranche B Commitment on such date. Each Lender’s Delayed Draw Commitment shall terminate immediately and without further action on the Delayed Draw Commitment Termination Date, regardless of whether any Delayed Draw Term Loan Loans are made on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan to the Borrower in Dollars Company in an amount equal to such Lender’s Tranche A Term Loan Commitment; and; (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower in Dollars Company in an amount equal to such Lender’s Tranche B Term Loan Commitment; and (iii) each Lender severally agrees to make, on the Closing Date, a Tranche C Term Loan to Company in an amount equal to such Lender’s Tranche C Term Loan Commitment. The Borrower Company may make only one borrowing under each of the Tranche A Term Loan Commitments and the Commitments, Tranche B Term Loan Commitments and the Tranche C Term Loan Commitment which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and Loans, the Tranche B Term Loans and the Tranche C Term Loan shall be paid in full no later than the Tranche A Term Loan Maturity Date, the Tranche B Term Loan Maturity Date and the Tranche B C Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Commitment, Tranche B Term Loan Commitment and Tranche C Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Commitment, Tranche B Term Loan Commitment and Tranche C Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Vought Aircraft Industries Inc)

Loan Commitments. (i) Subject to the terms and conditions of this Agreement, each of the Continuing Lenders agrees that the Tranche D Term Loans made by such Lender under the Existing Credit Agreement in the amounts set forth in Schedule 2.1A shall remain outstanding on and after the Effective Date as Tranche E Term Loans made pursuant to this Agreement and such Term Loans shall on and after the Effective Date have all of the rights and benefits of Tranche E Term Loans as set forth in this Agreement and the other Loan Documents. (ii) Subject to the terms and conditions hereof, (i) , each Lender severally agrees to make, on the Closing Effective Date, a Tranche A E Term Loan to the Borrower in Dollars Company in an amount equal to such Lender’s 's Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche B E Term Loan Commitment. The Borrower Company may make only one borrowing under each of the Tranche A E Term Loan Commitments and the Tranche B Term Loan Commitments Commitment which shall be on the Closing Effective Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a2.12(a) and 2.142.13, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B E Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B E Term Loan Maturity Date, respectively. Each Lender’s 's Tranche A Term Loan Commitment and/or Tranche B E Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Effective Date after giving effect to the funding of such Lender’s 's Tranche A E Term Loan and/or Tranche B Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Vca Antech Inc)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan to the Borrower in Dollars Companies in an amount equal to such Lender’s Tranche A Term Loan Commitment; and. (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan make at any time prior to the Borrower in Dollars MDTL Commitment Termination Date one or more MDTL Term Loans to the Companies in an aggregate amount equal to such Lender’s Tranche B Term Loan MDTL Commitment. The Borrower Companies may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments Commitment which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a2.11(a) and 2.142.12, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B MDTL Term Loans shall be paid in full no later than on the Tranche A Term Loan Maturity Date and the Tranche B Term Loan MDTL Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Tranche B Term Loan Commitment, if any, on such date. Each Lender’s MDTL Commitment shall terminate immediately and without further action on the MDTL Commitment Termination Date after giving effect to the funding of such Lender’s MDTL Commitment, if any, on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)

Loan Commitments. On the Closing Date, the Original Lenders made Tranche A Term Loans to the U.S. Borrower in an aggregate principal amount equal to $1,700,000,000 and Tranche B Term Loans to the U.S. Borrower in an aggregate principal amount equal to $1,375,000,000. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Restatement Date, a Tranche A Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s its First Amendment Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Restatement Date, a Tranche B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s its First Amendment Tranche B Term Loan Commitment. The U.S. Borrower may make only one borrowing under each of the First Amendment Tranche A Term Loan Commitments and the First Amendment Tranche B Term Loan Commitments Commitments, which shall be on the Closing Restatement Date. Any amounts amount borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all NY\6180200.13 amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s First Amendment Tranche A Term Loan Commitment and/or Commitments and First Amendment Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Closing Date, upon and Restatement Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Loans and Tranche B Term Loan Loans on such date.

Appears in 1 contract

Sources: Credit Agreement (PVH Corp. /De/)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Continuing Lender severally agrees that a portion of the Series A Term Loans of such Continuing Lender in an amount equal to make, such Continuing Lender’s Series B Term Loan Commitment shall remain outstanding on an after the Restatement Closing Date as “Series B Term Loans” made pursuant to this Agreement in an amount equal to such Continuing Lender’s Series B Term Loan Commitment and such existing Series A Term Loans shall on and after the Restatement Closing Date have all of the rights and benefits of Series B Term Loans as set forth in this Agreement and the other Credit Documents and (ii) each Lender having a Series B Term Loan Commitment (other than a Continuing Lender) severally agrees to lend to Gathering on the Restatement Closing Date, a Tranche A Series B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche Series B Term Loan Commitment. The Borrower Gathering may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche Series B Term Loan Commitments Commitment which shall be on the Restatement Closing Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche Series B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche Series B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche Series B Term Loan Commitment shall terminate immediately and without further action on the Restatement Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Tranche Series B Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Eagle Rock Energy Partners, L.P.)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, (x) a U.S. Tranche A Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s U.S. Tranche A Term Loan Commitment and (y) a Foreign Tranche A Term Loan to the Foreign Borrower in an amount equal to such Lender’s Foreign Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, (x) a U.S. Tranche B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s U.S. Tranche B Term Loan Commitment and (y) a Foreign Tranche B Term Loan to the Foreign Borrower in an amount equal to such Lender’s Foreign Tranche B Term Loan Commitment. The Borrower the Borrowers may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Commitments and Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Commitments and Tranche B Term Loan Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Phillips Van Heusen Corp /De/)

Loan Commitments. Subject to the terms and conditions hereof, (i) , each Term Lender severally agrees to make, on the Closing Date, (A) a Dollar Tranche A B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s Dollar Tranche A B Term Loan Commitment; and Commitment and (iiB) each Lender severally agrees to make, on the Closing Date, a Euro Tranche B Term Loan to the Spanish Borrower in Dollars in an amount equal to such Lender’s Euro Tranche B Term Loan Commitment. The Borrower Borrowers may make only one borrowing under each of the Dollar Tranche A B Term Loan Commitments and the Euro Tranche B Term Loan Commitments Commitments, which shall be on the Closing Date. ​ ​ Each Lender may, at its option, make any Term Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Term Loan; provided, that (i) respect to a Lender under the Euro Tranche B Term Loan that is a Spanish Qualifying Lender, such branch or Affiliate qualifies as a Spanish Qualifying Lender, and (ii) any exercise of such option shall not affect in any manner the obligation of the applicable Borrower to repay such Term Loan in accordance with the terms of this Agreement. Any amounts amount borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Dollar Tranche A B Term Loans and the Euro Tranche B Term Loans shall be paid in full no later than the Dollar Tranche A B Term Loan Maturity Date and the Euro Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender▇▇▇▇▇▇’s Tranche A Term Loan and/or Tranche B Term Loan Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols SA)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan to the Foreign Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, (A) a U.S. Tranche B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s U.S. Tranche B Term Loan Commitment and (B) a Foreign Tranche B Term Loan to the Foreign Borrower in an amount equal to such Lender’s Foreign Tranche B Term Loan Commitment. The Borrower Borrowers may make only one borrowing under each of the Tranche A Term Loan Commitments, the U.S. Tranche B Term Loan Commitments and the Foreign Tranche B Term Loan Commitments which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Commitments and Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Commitments and Tranche B Term Loan Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols SA)

Loan Commitments. Subject to the terms and conditions hereof, immediately after the conversion described in Section 2.1(a), (i) each Lender with a Tranche A Term Loan Commitment (other than Existing Lenders with Tranche A Term Loan Commitments) severally agrees to makemake by means of the purchase of part of the Term Loans from the Existing Lenders in accordance with Section 2.1(c), on the Closing Effective Date, a Tranche A Term Loan to the Borrower in Dollars in an amount equal to such Lender’s 's Tranche A Term Loan Commitment; and (ii) each Lender with a Tranche B Term Loan Commitment (other than Existing Lenders with Tranche B Term Loan Commitments) severally agrees to makemake by means of the purchase of part of the Term Loans from the Existing Lenders in accordance with Section 2.1(c), on the Closing Effective Date, a Tranche B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s 's Tranche B Term Loan Commitment. The Borrower may make only one borrowing under each of the Tranche A Commitment All Term Loan Commitments and the Tranche B Term Loan Commitments which shall be on the Closing Date. Any amounts borrowed Loans owing under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan Agreement and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) 2.13 and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B applicable Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B 's Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Effective Date after giving effect to Sections 2.1(a) and (b). Notwithstanding anything herein to the funding contrary, the Effective Date shall be the last day of such Lender’s Tranche A the Interest Period applicable to the Existing Term Loan and/or Tranche B Term Loan on such dateLoans current as at the date of this Agreement and Borrower shall select new Interest Periods as set forth in Section 2.8(b).

Appears in 1 contract

Sources: Credit and Guaranty Agreement (3com Corp)

Loan Commitments. (i) Subject to the terms and conditions of this Agreement, each of the Continuing Lenders agrees that the Existing Tranche E Term Loans made by such Lender under the Existing Credit Agreement in the amounts set forth in Schedule 2.1A shall remain outstanding on and after the Effective Date as Tranche F Term Loans made pursuant to this Agreement and such Term Loans shall on and after the Effective Date have all of the rights and benefits of Tranche F Term Loans as set forth in this Agreement and the other Loan Documents. (ii) Subject to the terms and conditions hereof, (i) , each Lender severally agrees to make, on the Closing Effective Date, a Tranche A F Term Loan to the Borrower in Dollars Company in an amount equal to such Lender’s 's Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche B F Term Loan Commitment. The Borrower Company may make only one borrowing under each of the Tranche A F Term Loan Commitments and the Tranche B Term Loan Commitments Commitment which shall be on the Closing Effective Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a2.12(a) and 2.142.13, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B F Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B F Term Loan Maturity Date, respectively. Each Lender’s 's Tranche A Term Loan Commitment and/or Tranche B F Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Effective Date after giving effect to the funding of such Lender’s 's Tranche A F Term Loan and/or Tranche B Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Vca Antech Inc)

Loan Commitments. Subject From time to time on any Business Day occurring from and after the Effective Date but prior to the terms and conditions hereofRevolving Loan Commitment Termination Date, (ia) each Lender severally that has a Revolving Loan Commitment (referred to as a “Revolving Loan Lender”) agrees that it will make (i) loans (relative to makesuch Lender, on the Closing Date, a its “Tranche A Term Loan Loans”) in Dollars to the Borrower Borrowers and (ii) loans (relative to such Lender, its “Tranche B Loans”) in Dollars to the Loan Note Issuers, in an amount each case, equal to such Lender’s Tranche A Term Percentage of the aggregate amount of each Borrowing of the Revolving Loans requested by such Borrower to be made on such day; (b) the Swing Line Lender agrees that (i) it will make loans (its “Swing Line Loans”) in Dollars to the Borrowers equal to the principal amount of the Swing Line Loan Commitment; and requested by such Borrower to be made on such day and (ii) it will make loans (its “Other Currency Swing Line Loans”) in an Other Currency to the Borrowers equal to the principal amount of the Other Currency Swing Line Loans requested by such Borrower to be made on such date. The Commitment of the Swing Line Lender described in subclause (i) of clause (b) of this Section 2.1.1 is herein referred to as its “Swing Line Commitment” and the Commitment of the Swing Line Lender described in subclause (ii) of clause (b) of this Section 2.1.1 is herein referred to as its “Other Currency Swing Line Commitment”; (c) each Other Currency Lender severally (other than Participating Lenders, whose Other Currency Loans shall be made by the Administrative Agent in accordance with Section 2.3.3) agrees that it will make (i) loans (its “Tranche A Other Currency Loans”) in Other Currency to makethe Borrowers and (ii) loans (relative to such Lender, on the Closing Date, a its “Tranche B Term Loan Other Currency Loans”) in Other Currency to the Borrower Loan Note Issuers, in Dollars in an amount each case, equal to such Lender’s Tranche B Term Percentage of the aggregate amount of each Borrowing of the Other Currency Loans requested by such Borrower to be made on such day. The Commitment of each Other Currency Lender described in this clause is herein referred to as its “Other Currency Loan Commitment. The Borrower On the terms and subject to the conditions hereof, the Borrowers may from time to time borrow, prepay and reborrow Loans. No Revolving Loan Lender may make only one borrowing under each of the any (a) Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments which shall be on the Closing Date. Any amounts borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14if, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and after giving effect to thereto, the funding aggregate outstanding principal amount of all Tranche A Loans plus such Revolving Loan Lender’s Percentage of the aggregate outstanding principal amount of all Tranche A Other Currency Loans would exceed the then existing Tranche A Loan Commitment Amount, (b) Tranche B Loan if, after giving effect thereto, the aggregate outstanding principal amount of all Tranche B Loans plus the such Revolving Loan Lender’s Percentage of the aggregate outstanding principal amount of all Tranche B Other Currency Loans would exceed the then existing Tranche B Loan Commitment Amount, or (c) Revolving Loan if, after giving effect thereto, the aggregate outstanding principal amounts of all Revolving Loans of such Revolving Loan Lender, plus such Lender’s Percentage of the aggregate outstanding principal amount of all Other Currency Loans, Swing Line Loans and Other Currency Swing $$/BREAK/$$END Line Loans, plus such Lender’s Percentage of the aggregate amount of all Letter of Credit Outstandings and Loan Note Guaranty Obligations, would exceed such Lender’s Percentage of the then existing Revolving Loan Commitment Amount. Furthermore, the Swing Line Lender may not make Swing Line Loans or Other Currency SwingLine Loans if, after giving effect thereto, (a) the aggregate outstanding principal amount of all Swing Line Loans would exceed the then existing Swing Line Loan Commitment Amount, (b) the aggregate outstanding principal amount of all Other Currency Swing Line Loans would exceed the then existing the Other Currency Swing Line Commitment Amount or (c) unless otherwise agreed to by the Swing Line Lender, in its sole discretion, the sum of the aggregate outstanding principal amount of all Swing Line Loans, Other Currency Swing Line Loans and Revolving Loans made by the Swing Line Lender plus the Swing Line Lender’s Percentage of the aggregate amount of Letter of Credit Outstandings and all Loan Note Guaranty Obligations plus the Swing Line Lender’s Percentage of the aggregate outstanding principal amount of all Other Currency Loans would exceed the Swing Line Lender’s Percentage of the then existing Revolving Loan Commitment Amount. Additionally, no Other Currency Lender may make any (a) Tranche A Term Other Currency Loan and/or if, after giving effect thereto, the aggregate outstanding principal amount of all Tranche A Other Currency Loans plus the aggregate outstanding principal amount of all Tranche A Loans would exceed the then existing Tranche A Other Currency Loan Commitment Amount, (b) Tranche B Term Other Currency Loan on if, after giving effect thereto, the aggregate outstanding principal amount of all Tranche B Other Currency Loans plus the aggregate outstanding principal amount of all Tranche B Loans would exceed the then existing Tranche B Other Currency Loan Commitment Amount, or (c) Other Currency Loans if, after giving effect thereto, unless otherwise agreed to by such dateOther Currency Lender, in its sole discretion, the sum of the aggregate outstanding principal amount of all Other Currency Loans and Revolving Loans made by such Other Currency Lender plus such Other Currency Lender’s Percentage of the aggregate amount of Letter of Credit Outstandings and all Loan Note Guaranty Obligations plus such Other Currency Lender’s Percentage of the aggregate outstanding principal amount of all Swing Line Loans and Other Currency Swing Line Loans would exceed the Other Currency Lender’s Percentage of the then existing Revolving Loan Commitment Amount.

Appears in 1 contract

Sources: Credit Agreement (Chesapeake Corp /Va/)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan to the Borrower in Dollars Company in an amount equal to such Lender’s Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B A-1 Term Loan to the Borrower in Dollars SPV in an amount equal to such Lender’s Tranche B A-1 Term Loan Commitment. The Borrower Applicable Borrowers may make only one borrowing under each of the Tranche A Term Loan Commitments Commitment and the Tranche B A-1 Term Loan Commitments Commitment which shall be on the Closing Date. The aggregate principal amount of Term Loans borrowed by the Borrowers on the Closing Date must be $150,000,000. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) 2.11 and 2.142.12, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B A-1 Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B A-1 Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or and Tranche B A-1 Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Commitment and Tranche B A-1 Term Loan Commitment, if any, on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s Tranche B Term Loan Commitment. The U.S. Borrower may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Commitments and Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of NY\5627635.16 such Lender’s Tranche A Term Loan and/or Commitments and Tranche B Term Loan Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (PVH Corp. /De/)

Loan Commitments. Subject From time to time on any Business Day occurring from and after the Effective Date but prior to the terms and conditions hereofapplicable Commitment Termination Date, (ia) each Lender severally that has a Current Assets Loan Commitment (referred to as a "Current Assets Lender"), agrees that it will make loans (relative to makesuch Lender, on the Closing Date, a Tranche A Term Loan its "Current Assets Loans") to the each Borrower in Dollars in an amount requesting Current Assets Loans equal to such Lender’s Tranche A Term 's Current Assets Loan CommitmentPercentage of the aggregate amount of each Borrowing of Current Assets Loans requested by such Borrower to be made on such day, subject to the limits set forth in Section 2.1.3; (b) each Lender that has a Fixed Assets Loan Commitment (referred to as a "Fixed Assets Lender") agrees that it will make loans (relative to such Lender, its "Fixed Assets Loans") to each Borrower requesting Fixed Assets Loans equal to such Lender's Fixed Assets Loan Percentage of the aggregate amount of each Borrowing of Fixed Assets Loans requested by such Borrower on such day, subject to the limits set forth in Section 2.1.3; and (iic) the Swing Line Lender agrees that it will make loans (its "Swing Line Loans") to each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan Borrower requesting Swing Line Loans equal to the principal amount of the Swing Line Loan requested by such Borrower to be made on such day, subject to the limits set forth in Dollars Section 2.1.3. The Commitment of the Swing Line Lender described in an amount equal this clause is herein referred to such Lender’s Tranche B Term as its "Swing Line Loan Commitment". The On the terms and subject to the conditions hereof, each Borrower may make only one borrowing under each of the Tranche A Term Loan Commitments from time to time borrow, repay and the Tranche B Term Loan Commitments which shall be on the Closing Date. Any amounts borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Tranche B Term Loan on such datereborrow Loans.

Appears in 1 contract

Sources: Revolving Credit Agreement (Sterling Chemical Inc)

Loan Commitments. Subject to the terms and conditions hereof, (i) , each Term Lender severally agrees to make, on the Closing Date, (A) a Dollar Tranche A B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s Dollar Tranche A B Term Loan Commitment; and Commitment and (iiB) each Lender severally agrees to make, on the Closing Date, a Euro Tranche B Term Loan to the Spanish Borrower in Dollars in an amount equal to such Lender’s Euro Tranche B Term Loan Commitment. The Borrower Borrowers may make only one borrowing under each of the Dollar Tranche A B Term Loan Commitments and the Euro Tranche B Term Loan Commitments Commitments, which shall be on the Closing Date. Each Lender may, at its option, make any Term Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Term Loan; provided, that (i) respect to a Lender under the Euro Tranche B Term Loan that is a Spanish Qualifying Lender, such branch or Affiliate qualifies as a Spanish Qualifying Lender, and (ii) any exercise of such option shall not affect in any manner the obligation of the applicable Borrower to repay such Term Loan in accordance with the terms of this Agreement. Any amounts amount borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Dollar Tranche A B Term Loans and the Euro Tranche B Term Loans shall be paid in full no later than the Dollar Tranche A B Term Loan Maturity Date and the Euro Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Tranche B Term Loan Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols SA)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Pursuant to the Original Credit Agreement, the Initial Term Lender severally agrees to makemade, on the Closing Date, a Tranche A Term Loan term loans to the Borrower in Dollars Borrowers in an aggregate amount equal to $2,000,000,000 (such Lender’s Tranche A term loans, the “Initial Term Loan Commitment; and (ii) Loans”). Such aggregate amount was allocated to each Borrower in accordance with the amounts listed on Schedule 2.1 for such Borrower, and the amount so allocated to a Borrower was lent directly by such Lender severally agrees to make, such Borrower. The Initial Term Loans were made on the Closing Date, a Tranche B Date as Base Rate Loans. The Initial Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche B Term Loan Commitment. The Borrower may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments which shall be on the Closing Date. Any amounts borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Initial Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate terminated immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Initial Term Loan and/or Tranche B Commitments. (ii) Pursuant to the First Restated Credit Agreement, the New Term Loan Lenders made, on the New Term Loan Closing Date, New Term Loans to the Borrowers in an aggregate amount equal to $1,000,000,000. Such aggregate amount was allocated to each Borrower in accordance with the amounts listed in Section 2.20(b) for such Borrower, and the amount so allocated to a Borrower was lent directly by such New Term Loan Lenders to such Borrower. The New Term Loan Lenders’ New Term Loan Commitments terminated immediately and without further action on the New Term Loan Closing Date after giving effect to the funding of such New Term Loan Lenders’ New Term Loan Commitments. (iii) Pursuant to the Existing Credit Agreement, the Tranche 2 Term Loan Lenders made, on the Tranche 2 Effective Date, Tranche 2 Term Loans to the Borrowers in an aggregate amount equal to $4,500,000,000. Such aggregate amount was allocated to each Borrower in accordance with the amounts listed in Section 2.21(b) for such Borrower, and the amount so allocated to a Borrower was lent directly by such Tranche 2 Term Loan Lenders to such Borrower. The Tranche 2 Term Loan Lenders’ Tranche 2 Term Loan Commitments terminated on the Tranche 2 Effective Date after the making of the Tranche 2 Term Loans on such date. (iv) Subject to the terms and conditions hereof and the conditions set forth in the Third Restatement Agreement, each Tranche 3 Term Loan Lender severally agrees to, on the Third Restatement Effective Date, lend sums to the Borrowers in an aggregate amount at any one time outstanding not in excess of such Lender’s Tranche 3 Term Loan Commitment (which, in the case of Tranche 1 Term Loan Lenders and Tranche 2 Term Loan Lenders under the Existing Credit Agreement that agree pursuant to the Third Restatement Agreement to convert their Tranche 1 Term Loans and Tranche 2 Term Loans, respectively, into Tranche 3 Term Loans, shall be effected by such conversion).

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Cit Group Inc)

Loan Commitments. Subject to the terms and conditions hereof, (i) , each Term Lender severally agrees to make, on the Closing Date, (A) a Dollar Tranche A B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s Dollar Tranche A B Term Loan Commitment; and Commitment and (iiB) each Lender severally agrees to make, on the Closing Date, a Euro Tranche B Term Loan to the Spanish Borrower in Dollars in an amount equal to such Lender’s Euro Tranche B Term Loan Commitment. The Borrower Borrowers may make only one borrowing under each of the Dollar Tranche A B Term Loan Commitments and the Euro Tranche B Term Loan Commitments Commitments, which shall be on the Closing Date. Each Lender may, at its option, make any Term Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Term Loan; provided, that (i) respect to a Lender under the Euro Tranche B Term Loan that is a Spanish Qualifying Lender, such branch or Affiliate qualifies as a Spanish Qualifying Lender, and (ii) any exercise of such option shall not affect in any manner the obligation of the applicable Borrower to repay such Term Loan in accordance with the terms of this Agreement. Any amounts amount borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Dollar Tranche A B Term Loans and the Euro Tranche B Term Loans shall be paid in full no later than the Dollar Tranche A B Term Loan Maturity Date and the Euro Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender▇▇▇▇▇▇’s Tranche A Term Loan and/or Tranche B Term Loan Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols SA)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan to the Borrower in Dollars Company in an amount equal to such Lender’s 's Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower in Dollars Company in an amount equal to such Lender’s 's Tranche B Term Loan Commitment. The Borrower Company may make only one borrowing under each of the Tranche A Term Loan Commitments Commitment and the Tranche B Term Loan Commitments Commitment which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a2.12(a) and 2.142.13, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s 's Tranche A Term Loan Commitment and/or and Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s 's Tranche A Term Loan and/or Commitment and Tranche B Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Veterinary Centers of America Inc)

Loan Commitments. (a) Loan Commitments. Subject to the terms and conditions hereof, (i) , each Lender severally agrees to make, on the Closing Date, a Tranche A B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche B Term Loan Commitment. The Borrower may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments Commitments, which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a2.1(a)(i) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A B Term Loan and/or Commitment on such date. (ii) Subject to the terms and conditions set forth herein, (x) the Additional Term B-1 Lender agrees to make to the Borrower a loan denominated in Dollars (together with each Loan converted from a Converted Tranche B Term Loan pursuant to clause (y) below, a “Tranche B-1 Term Loan”) equal to the Additional Tranche B-1 Term Commitment on the Amendment No. 2 Effective Date and (y) each Converted Tranche B Term Loan of each Amendment No. 2 Consenting Lender shall be converted into a Tranche B-1 Term Loan of such dateLender effective as of the Amendment No. 2 Effective Date in a principal amount equal to the principal amount of such Lender’s Converted Tranche B Term Loan immediately prior to such conversion; provided that the Tranche B-1 Term B Loans shall initially consist of Eurodollar Loans. Amounts borrowed under this Section 2. 1(a)(ii) and repaid or prepaid may not be reborrowed. Tranche B-1 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Aeroflex Holding Corp.)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, (A) a Dollar Tranche A Term Loan to the Foreign Borrower in Dollars in an amount equal to such Lender’s Dollar Tranche A Term Loan Commitment and (B) a Euro Tranche A Term Loan to the Spanish Borrower in an amount equal to such Lender’s Euro Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s Tranche B Term Loan Commitment. The Borrower Borrowers may make only one borrowing under each of the Dollar Tranche A Term Loan Commitments, the Euro Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments Commitments, which shall be on the Closing Date. Each Lender may, at its option, make any Term Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Term Loan; provided, that (i) with respect to a Lender under the Dollar Tranche A Term Loan that is an Irish Qualifying Lender, such branch or Affiliate qualifies as an Irish Qualifying Lender, (ii) with respect to a Lender under the Euro Tranche A Term Loan that is a Spanish Qualifying Lender, such branch or Affiliate qualifies as a Spanish Qualifying Lender, and (iii) any exercise of such option shall not affect in any manner the obligation of the applicable Borrower to repay such Term Loan in accordance with the terms of this Agreement. Any amounts amount borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Dollar Tranche A Term Loans, the Euro Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Dollar Tranche A Term Loan Maturity Date, the Euro Tranche A Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Commitments and Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Commitments and Tranche B Term Loan Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols SA)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing DateRestatement Date and on two (2) additional Term Loan Draw Dates at any time during the Availability Period, a Tranche A Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing DateRestatement Date and on two (2) additional Term Loan Draw Dates at any time during the Availability Period, a Tranche B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche B Term Loan Commitment. The If the Third Wave Merger is consummated on the Restatement Date, the Borrower may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments which shall be on the Closing Restatement Date. If the Third Wave Merger is not consummated on the Restatement Date, the Borrower may make (i) one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments on the Restatement Date and (ii) two additional borrowings during the Availability Period (each date on which such additional borrowing is made, a “Term Loan Draw Date”). Any amounts borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment, as the case may be, shall be automatically reduced immediately and without further action on the Restatement Date and on each Term Loan Draw Date in the amount of such Lender’s Tranche A Term Loans and/or Tranche B Term Loans, as the case may be, funded on such date. The remaining amount of all unfunded Tranche A Term Loan Commitments and Tranche B Term Loan Commitments in effect on the Term Loan Commitment Termination Date shall terminate immediately and without further action on the Closing Datesuch date, upon and after giving effect to the funding of such Lender’s the Tranche A Term Loan Loans and/or Tranche B Term Loan Loans, if any, on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Hologic Inc)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan A to the Borrower in Dollars Borrowers in an amount equal to such Lender’s Tranche A Term Loan A Commitment; and (ii) each Lender severally agrees to make, on after the Closing Date and at any time prior to the Term Loan B Commitment Termination Date, a Tranche B one or more Term Loan Bs to the Borrower in Dollars Borrowers in an aggregate amount equal to such Lender’s Tranche B Term Loan B Commitment. The Borrower Borrowers may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments A Commitment which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(aSection 2.11(a) and 2.14Section 2.12, all amounts owed hereunder with respect to the Tranche Term Loan A Term Loans and the Tranche Term Loan B Term Loans shall be paid in full no later than the Tranche A Term Loan A Maturity Date and the Tranche B Term Loan B Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan A Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Tranche B A Commitment, if any, on such date. Each Lender’s Term Loan B Commitment shall be permanently reduced immediately and without further action upon the funding of each Term Loan B after the Closing Date in an amount equal to such Lender’s Pro Rata Share (calculated in accordance with clause (b) of the definition thereof) of such funded Term Loan B. Each Lender’s Term Loan B Commitment shall terminate immediately and without further action on the earlier to occur of (i) the Term Loan B Maturity Date and (ii) the Term Loan B Commitment Termination Date after giving effect to the funding of such Lender’s Term Loan B Commitment, if any, on such date.

Appears in 1 contract

Sources: Financing Agreement (Metalico Inc)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan to the Borrower in Dollars Borrowers in an amount equal to such Lender’s 's Tranche A Term Loan Commitment; andand CREDIT AND GUARANTY AGREEMENT EXECUTION (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower in Dollars Borrowers in an amount equal to such Lender’s 's Tranche B Term Loan Commitment. The Borrower Borrowers may make only one borrowing under each of the Tranche A Term Loan Commitments Commitment and the Tranche B Term Loan Commitments Commitment which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s 's Tranche A Term Loan Commitment and/or and Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s 's Tranche A Term Loan and/or Commitment and Tranche B Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (International Steel Group Inc)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Each applicable Continuing Lender severally agrees that the Existing Term Loans made by such Continuing Lender under the Existing First Lien Credit Agreement shall remain outstanding on an after the Effective Date as “Tranche C Term Loans” made pursuant to make, this Agreement in the same pro rata amount of such Continuing Lender’s Pro Rata Share of the Existing Term Loans and such Existing Term Loans shall on and after the Effective Date have all of the rights and benefits of Tranche C Term Loans as set forth in this Agreement and the other Credit Documents. (ii) Each Lender having a Tranche C Term Loan Commitment (other than a Continuing Lender except with respect to any amount of Tranche C Term Loan Commitment of such Continuing Lender in excess of the amount converted from Existing Term Loans pursuant to clause (i) above) severally agrees to lend to Company on the Closing Effective Date, a Tranche A C Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche B C Term Loan Commitment. The Borrower Company may make only one borrowing under each of the Tranche A C Term Loan Commitments and the Tranche B Term Loan Commitments Commitment which shall be on the Closing Effective Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B C Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B C Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B C Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Effective Date after giving effect to the funding of such Lender’s Tranche A C Term Loan and/or Tranche B Term Loan Commitment on such date.

Appears in 1 contract

Sources: First Lien Credit and Guaranty Agreement (Telvent Git S A)

Loan Commitments. Subject From time to time on any Business Day occurring from and after the Amendment Effective Date but prior to the terms and conditions hereofRevolving Loan Commitment Termination Date, (ia) each Lender severally that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") agrees that it will make loans (relative to makesuch Lender, on the Closing Date, a Tranche A Term Loan its "Revolving Loans") in Dollars to the Borrower in Dollars in an amount Borrowers equal to such Lender’s Tranche A Term 's Percentage of the aggregate amount of each Borrowing of the Revolving Loans requested by such Borrower to be made on such day; (b) the Swing Line Lender agrees that it will make loans (its "Swing Line Loans") in Dollars to the Borrowers equal to the principal amount of the Swing Line Loan requested by such Borrower to be made on such day. The Commitment of the Swing Line Lender described in this clause is herein referred to as its "Swing Line Loan Commitment"; and (iic) each Other Currency Lender severally (other than Participating Lenders, whose Other Currency Loans shall be made by the Administrative Agent in accordance with Section 2.3.3) agrees to make, on the Closing Date, a Tranche B Term Loan that it will make loans (its "Other Currency Loans") to the Borrower in Dollars in an amount Borrowers equal to such Lender’s Tranche B Term 's Percentage of the aggregate amount of each Borrowing of the Other Currency Loans requested by such Borrower to be made on such day. The Commitment of each Other Currency Lender described in this clause is herein referred to as its "Other Currency Loan Commitment". The Borrower On the terms and subject to the conditions hereof, the Borrowers may from time to time borrow, prepay and reborrow Loans. No Revolving Loan Lender may make only one borrowing under each of the Tranche A Term any Revolving Loan Commitments and the Tranche B Term Loan Commitments which shall be on the Closing Date. Any amounts borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14if, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and after giving effect to thereto, the funding aggregate outstanding principal amount of all Revolving Loans of such Revolving Loan Lender’s Tranche A Term , together with such Lender's Percentage of the aggregate amount of all Swing Line Loans, Letter of Credit Outstandings, Loan and/or Tranche B Term Note Guaranty Obligations and Other Currency Loans, would exceed such Lender's Percentage of the then existing Revolving Loan on Commitment Amount. Furthermore, the Swing Line Lender may not make Swing Line Loans if, after giving effect thereto, (i) the aggregate outstanding principal amount of all Swing Line Loans would exceed the then existing Swing Line Loan Commitment Amount or (ii) unless otherwise agreed to by the Swing Line Lender, in its sole discretion, the sum of all Swing Line Loans and Revolving Loans made by the Swing Line Lender plus the Swing Line Lender's Percentage of the aggregate amount of Letter of Credit Outstandings plus the Swing Line Lender's Percentage of the aggregate amount of Other Currency Loans plus the Swing Line Lender's Percentage of the aggregate amount of all Loan Note Guaranty Obligations would exceed the Swing Line Lender's Percentage of the then existing Revolving Loan Commitment Amount. Additionally, no Other Currency Lender may make Other Currency Loans if, after giving effect thereto, (i) the aggregate outstanding principal amount of all Other Currency Loans would exceed the then existing Other Currency Loan Commitment Amount or (ii) unless otherwise agreed to by such dateOther Currency Lender, in its sole discretion, the sum of all Other Currency Loans and Revolving Loans made by such Other Currency Lender plus such Other Currency Lender's Percentage of the aggregate amount of Letter of Credit Outstandings plus such Other Currency Lender's Percentage of the aggregate amount of all Swing Line Loans plus such Other Currency Lender's Percentage of the aggregate amount of all Loan Note Guaranty Obligations would exceed the Other Currency Lender's Percentage of the then existing Revolving Loan Commitment Amount.

Appears in 1 contract

Sources: Credit Agreement (Chesapeake Corp /Va/)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment; and; (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan Loans to the Borrower in Dollars in an amount equal to such Lender’s Initial Tranche B Term Loan Commitment, such Loans to be provided in two drawings: (x) the Initial Draw Tranche B Term Loans and (y) the Second Draw Tranche B Term Loans; and (iii) each Lender severally agrees to make, on the Delayed Draw Funding Date, a Delayed Draw Term Loan to Borrower in an amount equal to such Lender’s Delayed Draw Commitment. The Borrower may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments Commitments, which shall be on the Closing Date. The Borrower may make two borrowings under the Initial Tranche B Term Loan Commitments, each of which shall be on the Closing Date. The Borrower may make only one borrowing under the Delayed Draw Commitments, which shall be on the Delayed Draw Funding Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or and Initial Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Commitment and Initial Tranche B Term Loan Commitment on such date (which, for purposes of the termination of the Initial Tranche B Term Loan Commitments, shall include the funding of the Initial Draw Tranche B Term Loans and the Second Draw Tranche B Term Loans to be funded by such Lender thereunder). Each Lender’s Delayed Draw Commitment shall terminate immediately and without further action on the Delayed Draw Commitment Termination Date, regardless of whether any Delayed Draw Term Loans are made on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Valeant Pharmaceuticals International)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date and on the Restatement Date, a Tranche A Term Loan Loans to the Borrower in Dollars in Companies an aggregate amount equal not to exceed such Lender’s Tranche A Term Loan Commitment; and; (ii) each Lender severally agrees to make, on the Closing Restatement Date, a Tranche B Term Loan to the Borrower in Dollars Companies in an amount equal to such Lender’s Tranche B Term Loan Commitment; and (iii) each Lender severally agrees to make at any time prior to the MDTL Commitment Termination Date one or more MDTL Term Loans to the Companies in an aggregate amount equal to such Lender’s MDTL Commitment. The Borrower Companies may make only one borrowing two borrowings under each of the Tranche A Term Loan Commitments Commitment on the Closing Date and Restatement Date and only one borrowing under the Tranche B Term Loan Commitments Commitment which shall be on the Closing Restatement Date. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a2.11(a) and 2.142.12, all amounts owed hereunder with respect to the Tranche A Term Loans, Tranche B Term Loans and the Tranche B MDTL Term Loans shall be paid in full no later than on the Tranche A Term Loan Maturity Date and the Date, Tranche B Term Loan Maturity Date and MDTL Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or and Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Restatement Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Commitment and such Lender’s Tranche B Term Loan Commitment, if any, on such date. Each Lender’s MDTL Commitment shall terminate immediately and without further action on the MDTL Commitment Termination Date after giving effect to the funding of such Lender’s MDTL Commitment, if any, on such date. The Companies acknowledge and agree that (A) on the Closing Date, the Lenders severally made “Tranche A Term Loans” (as defined in the Prior Credit Agreement) in an aggregate principal amount equal to $40,000,000 (“Existing Tranche A Term Loans”), (B) as of the Restatement Date, the aggregate outstanding principal amount of the Tranche A Term Loans is equal to $40,000,000, and (C) the outstanding balance of such Existing Tranche A Term Loans shall continue to be outstanding hereunder as Tranche A Term Loans. After the amendment and restatement of the Prior Credit Agreement is given effect, an additional Tranche A Term Loan consisting of $25,500,000 aggregate principal amount of such Term Loan shall be advanced on the Restatement Date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)

Loan Commitments. On the Closing Date, the Original Lenders made Tranche A Term Loans to the U.S. Borrower in an aggregate principal amount equal to $1,700,000,000 and Tranche B Term Loans to the U.S. Borrower in an aggregate principal amount equal to $1,375,000,000. On the Restatement Date, the Lenders made Tranche A Term Loans and Tranche B Term Loans to the U.S. Borrower in the amounts equal to their applicable First Amendment Tranche A Term Loan Commitments and First Amendment Tranche B Term Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing RestatementSecond Amendment Date, a Second Amendment Incremental Tranche A Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s its FirstSecond Amendment Tranche A Term Loan Commitment; and (iiand(ii) each Lender severally agrees to make, on the Closing Restatement Date, a Tranche B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s its First Amendment Tranche B Term Loan Commitment. The U.S. Borrower may make only one borrowing under each of the First Amendment Tranche A Term Loan Commitments and the First Amendment Tranche B Term Loan Commitments Commitments, which shall be on the Closing Restatement Date. The U.S. Borrower may make only one borrowing under the Second Amendment Tranche A Term Loan Commitment which shall be on the Second Amendment Date. Any amounts amount borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the applicable Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s FirstSecond Amendment Tranche A Term Loan Commitment and/or Commitments and First Amendment Tranche B Term Loan Commitment CommitmentsCommitment shall terminate immediately and without further action on the Closing Date, upon and RestatementSecond Amendment Date after giving effect to the funding of such Lender’s Second Amendment Incremental Tranche A Term Loan and/or Loans and Tranche B Term Loan LoansLoan on such date.

Appears in 1 contract

Sources: Credit Agreement (PVH Corp. /De/)

Loan Commitments. (i) Subject to the terms and conditions hereof, of the First Amendment, each Refinancing Term Lender (ias defined therein) each Lender severally agrees to make, on the Closing First Amendment Effective Date, a Tranche A Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment; and and (ii) subject to the terms and conditions hereofof the Second Amendment, each Refinancing Term Lender (as defined therein) severally agrees to make, on the Closing ClosingSecond Amendment Effective Date, a Tranche B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche B Term Loan Commitment. The Borrower may make (x) only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments which shall be on the Closing ClosingSecond Amendment Effective Date and (y) only one borrowing under the Tranche A Term Loan Commitments which shall be on the First Amendment Effective Date. Any amounts borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s (i) Tranche A Term Loan Commitment and/or shall terminate immediately and without further action on the First Amendment Effective Date, and (ii) Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing ClosingSecond Amendment Effective Date, in each case, upon and after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Tranche B Term Loan on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Hologic Inc)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, make (i) on the Closing Date, Date a Tranche A Term Loan to the Borrower in Dollars Company in an amount equal to its Pro Rata Share of $150,000,000 and (ii) at any time prior to the Tranche A Commitment Termination Date, additional Tranche A Term Loans in an aggregate amount not to exceed such Lender’s 's Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, subject to Section 2.23, a Tranche B Term Loan to the Borrower in Dollars Company in an amount equal to such Lender’s 's Tranche B Term Loan Commitment. The Borrower Company may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments Commitment which shall be on the Closing Date. Company may make one or more Tranche A Term Loan borrowings after the Closing Date and prior to the Tranche A Commitment Termination Date (each such borrowing date, a "Tranche A Subsequent Funding Date"). Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a2.11(a) and 2.142.12, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or 's Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Tranche B Term Loan Commitment on such date. Each Lender’s 's Tranche A Term Loan and/or Commitment shall terminate on the Tranche B Term Loan on such dateA Commitment Termination Date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Nextlink Communications Inc /De/)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, (A) a U.S. Tranche A Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s U.S. Tranche A Term Loan Commitment and (B) a Foreign Tranche A Term Loan to the Foreign Borrower in an amount equal to such Lender’s Foreign Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, (A) a U.S. Tranche B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s U.S. Tranche B Term Loan Commitment and (B) a Foreign Tranche B Term Loan to the Foreign Borrower in an amount equal to such Lender’s Foreign Tranche B Term Loan Commitment. The Borrower Borrowers may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments which shall be on the Closing Date. Any amounts amount borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Commitments and Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Commitments and Tranche B Term Loan Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols Germany GmbH)

Loan Commitments. Subject to the terms and conditions hereof, , (ix) each Lender severally agrees to make, on the Closing Third Restatement Date, a Tranche A Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower Loans in Dollars to Borrower in an amount equal to such Lender’s Tranche B Term Loan Commitment. The Borrower may make only one borrowing under each of and (y) the Tranche A Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Loan Commitments and Lender agrees to make, on the Amendment No. 16 Effective Date, a Tranche B Term Loan Commitments which shall be on in Dollars to Borrower in an amount equal to the Closing DateAdditional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Commitment Amount. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and Third Restatement Date after giving effect to the funding of such Lender’s Tranche A Term Loan and/or Tranche B Term Loan Commitment on such date. The Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Loan Lender’s Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Commitment shall terminate immediately and without further action on the Amendment No. 16 Effective Date after giving effect to the funding of such Lender’s Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan A to the Borrower in Dollars Company in an amount equal to such Lender’s Tranche A 's Term Loan A Commitment; and (ii) each Lender severally agrees to make, on after the Closing Date, a Tranche B Date and at any time prior to the Term Loan B Commitment Termination Date a Term Loan B to the Borrower in Dollars Company in an amount equal to such Lender’s Tranche B 's Term Loan B Commitment. The Borrower Company may make only one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments A Commitment which shall be on the Closing Date. Company may make only one borrowing under the Term Loan B Commitment, which may be made at any time from the Business Day after the Closing Date until the Term Loan B Commitment Termination Date and the proceeds of which shall be used solely to fund the cash consideration for Approved Acquisitions. Any amounts amount borrowed under this Section 2.01(a2.1(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) 2.11, 2.12 and 2.142.13, all amounts owed hereunder with respect to the Tranche Term Loan A Term Loans and the Tranche Term Loan B Term Loans shall be paid in full no later than the Tranche A Term Loan A Maturity Date and the Tranche B Term Loan B Maturity Date, respectively. Each Lender’s Tranche A 's Term Loan Commitment and/or Tranche B Term Loan A Commitment shall terminate immediately and without further action on the Closing Date, upon and Date after giving effect to the funding of such Lender’s Tranche A 's Term Loan and/or Tranche B Term Loan A Commitment, if any, on such date. Each Lender's Term Loan B Commitment shall terminate immediately and without further action on the earlier of (x) the Term Loan B Commitment Termination Date and (y) the date on which the Term Loan B is funded (after giving effect to the funding of such Lender's Term Loan B Commitment, if any).

Appears in 1 contract

Sources: Financing Agreement (Global Geophysical Services Inc)

Loan Commitments. Subject From time to time on any Business Day occurring from and after the Effective Date but prior to the terms and conditions hereofRevolving Loan Commitment Termination Date, (ia) each Lender severally that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") agrees that it will make loans (relative to makesuch Lender, on the Closing Date, a Tranche A Term Loan its "Revolving Loans") in Dollars to the Borrower in Dollars in an amount Borrowers equal to such Lender’s Tranche A Term 's Percentage of the aggregate amount of each Borrowing of the Revolving Loans requested by such Borrower to be made on such day; (b) the Swing Line Lender agrees that (i) it will make loans (its "Swing Line Loans") in Dollars to the Borrowers equal to the principal amount of the Swing Line Loan Commitment; and requested by such Borrower to be made on such day and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan it will make loans (its "Other Currency Swing Line Loans") in an Other Currency to the Borrowers equal to the principal amount of the Other Currency Swing Line Loans requested by such Borrower to be made on such date. The Commitment of the Swing Line Lender described in Dollars subclause (i) of clause (b) of this Section 2.1.1 is herein referred to as its "Swing Line Commitment" and the Commitment of the Swing Line Lender described in an amount subclause (ii) of clause (b) of this Section 2.1.1 is herein referred to as its "Other Currency Swing Line Commitment"; (c) each Other Currency Lender (other than Participating Lenders, whose Other Currency Loans shall be made by the Administrative Agent in accordance with Section 2.3.3) agrees that it will make loans (its "Other Currency Loans") in Other Currency to the Borrowers equal to such Lender’s Tranche B Term 's Percentage of the aggregate amount of each Borrowing of the Other Currency Loans requested by such Borrower to be made on such day. The Commitment of each Other Currency Lender described in this clause is herein referred to as its "Other Currency Loan Commitment". The Borrower On the terms and subject to the conditions hereof, the Borrowers may from time to time borrow, prepay and reborrow Loans. No Revolving Loan Lender may make only one borrowing under each of the Tranche A Term any Revolving Loan Commitments and the Tranche B Term Loan Commitments which shall be on the Closing Date. Any amounts borrowed under this Section 2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14if, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date, upon and after giving effect to thereto, the funding aggregate outstanding principal amounts of all Revolving Loans of such Revolving Loan Lender’s Tranche A Term , plus such Lender's Percentage of the aggregate outstanding principal amount of all Other Currency Loans, Swing Line Loans and Other Currency Swing Line Loans, plus such Lender's Percentage of the aggregate amount of all Letter of Credit Outstandings and Loan and/or Tranche B Term Note Guaranty Obligations, would exceed such Lender's Percentage of the then existing Revolving Loan on Commitment Amount. Furthermore, the Swing Line Lender may not make Swing Line Loans or Other Currency Swing Line Loans if, after giving effect thereto, (a) the aggregate outstanding principal amount of all Swing Line Loans would exceed the then existing Swing Line Loan Commitment Amount, (b) the aggregate outstanding principal amount of all Other Currency Swing Line Loans would exceed the then existing the Other Currency Swing Line Commitment Amount or (c) unless otherwise agreed to by the Swing Line Lender, in its sole discretion, the sum of the aggregate outstanding principal amount of all Swing Line Loans, Other Currency Swing Line Loans and Revolving Loans made by the Swing Line Lender plus the Swing Line Lender's Percentage of the aggregate amount of Letter of Credit Outstandings and all Loan Note Guaranty Obligations plus the Swing Line Lender's Percentage of the aggregate outstanding principal amount of all Other Currency Loans would exceed the Swing Line Lender's Percentage of the then existing Revolving Loan Commitment Amount. Additionally, no Other Currency Lender may make any Other Currency Loans if, after giving effect thereto, unless otherwise agreed to by such dateOther Currency Lender, in its sole discretion, the sum of the aggregate outstanding principal amount of all Other Currency Loans and Revolving Loans made by such Other Currency Lender plus such Other Currency Lender's Percentage of the aggregate amount of Letter of Credit Outstandings and all Loan Note Guaranty Obligations plus such Other Currency Lender's Percentage of the aggregate outstanding principal amount of all Swing Line Loans and Other Currency Swing Line Loans would exceed the Other Currency Lender's Percentage of the then existing Revolving Loan Commitment Amount."

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Sources: Credit Agreement (Chesapeake Corp /Va/)