Proration Procedures. All Term Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased at the Applicable Threshold Price; provided that if the aggregate principal amount of all Term Loans of the applicable Class(es) for which Qualifying Bids have been submitted in any given Auction Purchase Offer at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term Loans of the applicable Class(es) to be purchased at prices below the Applicable Threshold Price), the applicable Purchasing Borrower Party shall purchase such Loans ratably based on the relative principal amounts offered by each Lender in an aggregate amount equal to the amount necessary to complete the purchase of the Auction Amount. No Return Bids or any component bid thereof will be accepted above the Applicable Threshold Price.
Appears in 5 contracts
Sources: Term Loan Agreement (Uber Technologies, Inc), Term Loan Agreement (Uber Technologies, Inc), Term Loan Agreement (Uber Technologies, Inc)
Proration Procedures. All Term Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased at the Applicable Threshold Price; provided that if the aggregate principal amount (calculated on the face amount thereof) of all Term Loans of the applicable Class(es) for which Qualifying Bids have been submitted in any given Auction Purchase Offer at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term Loans of the applicable Class(es) to be purchased at prices below the Applicable Threshold Price), the applicable Purchasing Borrower Party shall purchase such the Term Loans for which the Qualifying Bids submitted were at the Applicable Threshold Price ratably based on the relative respective principal amounts offered by each Lender and in an aggregate amount equal to the amount necessary to complete the purchase of the Auction Amount. No Return Bids or any component bid thereof will be accepted above the Applicable Threshold PricePrice (as defined below).
Appears in 3 contracts
Sources: First Lien Credit Agreement (GSE Holding, Inc.), Second Lien Credit Agreement (GSE Holding, Inc.), Credit Agreement (Alere Inc.)
Proration Procedures. All Term B Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased prepaid at the Applicable Threshold Price; provided that if the aggregate principal amount (calculated on the face amount thereof) of all Term B Loans of the applicable Class(es) tranche for which Qualifying Bids have been submitted in any given Auction Purchase Offer at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term B Loans of the applicable Class(es) tranche to be purchased prepaid at prices below the Applicable Threshold Price), the Borrower shall prepay the Term B Loans of the applicable Purchasing Borrower Party shall purchase such Loans tranche for which the Qualifying Bids submitted were at the Applicable Threshold Price ratably based on the relative respective principal amounts offered by each Lender and in an aggregate amount equal to the amount necessary to complete the purchase prepayment of the Auction Amount. No Return Bids or any component bid thereof will be accepted above the Applicable Threshold Price.
Appears in 2 contracts
Sources: Credit Agreement (On Assignment Inc), Credit Agreement (On Assignment Inc)
Proration Procedures. All Term Loans of the relevant tranche offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Qualified Bids at or lower than the Applicable Threshold Price will be purchased at the Applicable Threshold Priceapplicable Reply Price up to the Auction Amount; provided that if the aggregate principal amount of all Term Loans of the applicable Class(es) for which Qualifying Bids have been submitted in any given Auction Purchase Offer at or lower than the Applicable Threshold Price would exceed the remaining portion of Auction Amount, then the Auction Amount (after deducting all applicable Credit Party shall purchase the Term Loans of tendered by the applicable Class(es) to be purchased at prices Lenders below the Applicable Threshold Price)Price first, and then to the applicable Purchasing Borrower extent of the remaining amounts under the Auction Amount, such Credit Party shall will purchase such the Term Loans tendered by the Lenders at the Applicable Threshold Price ratably based on the relative respective principal amounts offered by each Lender and in an aggregate amount equal up to the amount necessary to complete the purchase of the Auction Amount. No Return Bids (or any component bid thereof thereof) will be accepted above the Applicable Threshold Price.
Appears in 2 contracts
Sources: Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc)
Proration Procedures. All Term Loans of each applicable Class offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased at the Applicable Threshold Price; provided provided, that if the aggregate principal amount (calculated on the face amount thereof) of all Term Loans of the any applicable Class(es) Class for which Qualifying Bids have been submitted in any given Auction Purchase Offer at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term Loans of the applicable Class(es) such Class to be purchased at prices below the Applicable Threshold Price), the applicable Purchasing Lux Borrower Party shall purchase the Term Loans of such Loans Class for which the Qualifying Bids submitted were at the Applicable Threshold Price ratably based on the relative respective principal amounts offered by each Lender and in an aggregate amount equal to the amount necessary to complete the purchase of the Auction Amount. No Return Bids or any component bid thereof will be accepted above the Applicable Threshold Price.
Appears in 1 contract
Sources: Credit Agreement (Mallinckrodt PLC)
Proration Procedures. All Term Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased at the Applicable Threshold Price; provided that if the aggregate principal amount of all Term Loans of the applicable Class(es) for which Qualifying Bids have been submitted in any given Auction Purchase Offer at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term Loans of the applicable Class(es) to be purchased at prices below the Applicable Threshold Price), the applicable Purchasing Borrower Company Party shall purchase such Loans ratably based on the relative principal amounts offered by each Lender in an aggregate amount equal to the amount necessary to complete the purchase of the Auction Amount. No Return Bids or any component bid thereof will be accepted above the Applicable Threshold Price.
Appears in 1 contract
Proration Procedures. All Term B Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased prepaid at the Applicable Threshold Price; provided that if the aggregate principal amount (calculated on the face amount thereof) of all Term B Loans of the applicable Class(es) Class for which Qualifying Bids have been submitted in any given Auction Purchase Offer at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term B Loans of the applicable Class(es) Class to be purchased prepaid at prices below the Applicable Threshold Price), the Borrower shall prepay the Term B Loans of the applicable Purchasing Borrower Party shall purchase such Loans Class for which the Qualifying Bids submitted were at the Applicable Threshold Price ratably based on the relative respective principal amounts offered by each Lender and in an aggregate amount equal to the amount necessary to complete the purchase prepayment of the Auction Amount. No Return Bids or any component bid thereof will be accepted above the Applicable Threshold Price.
Appears in 1 contract
Proration Procedures. All Term Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased at the Applicable Threshold Price; provided that if the aggregate principal amount of all Term Loans of the applicable Class(es) for which Qualifying Bids have been submitted in any given Auction Purchase Offer at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term Loans of the applicable Class(es) to be purchased at prices below the Applicable Threshold Price), the applicable Purchasing Borrower Party shall purchase such Loans ratably based on the relative principal amounts offered by each Lender in an aggregate amount equal to the amount necessary to complete the purchase of the Auction Amount. No Return Bids or any component bid thereof will be accepted above the Applicable Threshold Price.
Appears in 1 contract
Proration Procedures. All Term Initial Loans or New Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased at the Applicable Threshold Price; provided that if the aggregate principal amount of all Term Initial Loans or New Loans of the applicable Class(es) Class for which Qualifying Bids have been submitted in any given Auction Purchase Offer at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term Initial Loans or New Loans of the applicable Class(es) Class to be purchased at prices below the Applicable Threshold Price), the applicable Purchasing Borrower Party shall purchase such Loans ratably based on the relative principal amounts offered by each Lender in an aggregate amount equal to the amount necessary to complete the purchase of the Auction Amount. No Return Bids or any component bid thereof will be accepted above the Applicable Threshold Price.
Appears in 1 contract
Sources: Credit Agreement (Toys R Us Inc)
Proration Procedures. All Term Loans of the relevant tranche offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Qualified Bids at or lower than the Applicable Threshold Price will be purchased at the Applicable Threshold Priceapplicable Reply Price up to the Auction Amount; provided that if the aggregate principal amount of all Term Loans of the applicable Class(es) for which Qualifying Bids have been submitted in any given Auction Purchase Offer at or lower than the Applicable Threshold Price would exceed the remaining portion of Auction Amount, then the Auction Amount (after deducting all Affiliate Purchaser shall purchase the Term Loans of tendered by the applicable Class(es) to be purchased at prices Lenders below the Applicable Threshold Price)Price first, and then to the extent of the remaining amounts under the Auction Amount, the applicable Purchasing Borrower Party shall Affiliate Purchaser will purchase such the Term Loans tendered by the Lenders at the Applicable Threshold Price ratably based on the relative respective principal amounts offered by each Lender and in an aggregate amount equal up to the amount necessary to complete the purchase of the Auction Amount. No Return Bids (or any component bid thereof thereof) will be accepted above the Applicable Threshold Price.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Metropcs Communications Inc)