Examples of Subsequent Borrowing in a sentence
HHS emphasizes other supposed oversight powers which are not meaningful and would not be sufficient on their own to constrain the authority of the Board.
Following its execution of a Joining Lender Agreement, each Joining Lender agrees that it shall, subject to the terms and conditions of that Joining Lender Agreement, fund its portion of the Facility Increase Amount on the applicable Subsequent Borrowing Date.
Upon satisfaction, or waiver pursuant to Section 11.01(a), of the conditions set forth in Section 4.02 and the Payment Agent’s receipt of the applicable Facility Increase Amount on each Subsequent Borrowing Date, the Payment Agent shall make that Facility Increase Amount available the Borrowers.
After the second Payment Date, no Subsequent Borrowing Date shall occur, no Facility Increase Amount shall be made available to the Borrowers, and no Joining Lender Agreement related to a Facility Increase Amount not already made available to the Borrowers shall be of any force or effect.
On or prior to each Subsequent Borrowing Date, each Joining Lender advancing a Facility Increase Amount on that date shall deliver executed counterparts of the Joining Lender Agreement to the Payment Agent (which shall promptly forward a copy thereof to each Lender, each other Agent, and each Loan Party).
With respect to each Subsequent Borrowing Date, the Payment Agent shall revise Schedule 2.03, so that it shows that the amounts to be paid on each subsequent Payment Date equal the product of the Amortization Percentage and the sum of (x) the aggregate of all Term Commitments as of the Borrowing Date and (y) all Nominal Facility Increase Amounts.
The Debtors shall maintain their cash management arrangements in a manner consistent with that described in the applicable “first day” order; provided that the Debtors are authorized to create the Escrow Account as defined in the DIP Term Sheet in which the Subsequent Borrowing proceeds shall be deposited.
Following the execution of each Joining Lender Agreement, the Borrowers shall deliver a Borrowing Notice to the Payment Agent, which Borrowing Notice shall be substantially in the form of Exhibit C and shall include (i) the date that the Borrowers desire to receive the Facility Increase Amount to be advanced by the applicable Joining Lender (the “Subsequent Borrowing Date”) and (ii) a request for that Facility Increase Amount; provided that there shall be no more than two Subsequent Borrowing Dates.
Additionally, the Amendment provides for certain other changes to the conditions to the Subsequent Borrowing to conform with the New Time Period.
Percentage (calculated after giving effect to the Commitment Increase) of the amount of the Subsequent Borrowings, (E) each Non-Increasing Lender, each Increasing Lender and each Augmenting Lender shall be deemed to hold its applicable Tranche Percentage of each Subsequent Borrowing (each calculated after giving effect to the Commitment Increase) and (F) each applicable Borrower shall pay each Increasing Lender and each Non-Increasing Lender any and all accrued but unpaid interest on the Initial Loans.