01Commitments. (a) Each Initial Revolving Facility ▇▇▇▇▇▇ agrees, severally and not jointly, to make Revolving Facility Loans denominated in Dollars to the Borrower with respect to such Initial Revolving Facility ▇▇▇▇▇▇’s Revolving Facility Commitment from time to time during the Availability Period in an aggregate principal amount that will not result in (i) such Initial Revolving Facility Lender’s Revolving Facility Credit Exposure exceeding such Initial Revolving Facility Lender’s Revolving Facility Commitment or (ii) the aggregate Revolving Facility Credit Exposure with respect to such Initial Revolving Facility Commitment exceeding the total Initial Revolving Facility Commitments. The failure of any Revolving Facility Lender to make any Revolving Facility Loan required to be made by it shall not relieve any other Revolving Facility Lender of its obligations hereunder; provided that the Revolving Facility Commitments of the Revolving Facility Lenders are several and no Revolving Facility Lender shall be responsible for any other Revolving Facility Lender’s failure to make Revolving Facility Loans as required hereby. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Facility Loans. (b) Subject to the terms and conditions set forth herein, each Term ▇▇▇▇▇▇ agrees, severally and not jointly, to make Term Loans denominated in Dollars to the Borrower equal to such Term ▇▇▇▇▇▇’s Term Facility Commitment on the Closing Date. The failure of any Term Lender to make any Term Loan required to be made by it shall not relieve any other Term Lender of its obligations hereunder; provided that the Term Facility Commitments of the Term Lenders are several and no Term Lender shall be responsible for any other Term Lender’s failure to make Term Loans as required hereby. The full amount of the Closing Date Term Loans must be drawn in a single drawing on the Closing Date and amounts paid or prepaid in respect of Term Loans may not be reborrowed.
Appears in 1 contract
Sources: Credit Agreement (AZEK Co Inc.)
01Commitments. Subject to the terms and express conditions set forth herein, (a) Each Initial each applicable 2024 Term Lender severally agrees to make a 2024 Term Loan to the Borrower on the Sixth Amendment Effective Date in Dollars in an aggregate principal amount equal to its 2024 Term Commitment and (b) each Revolving Facility ▇▇▇▇▇▇ agrees, Lender severally and not jointly, agrees to make Revolving Facility Loans denominated in Dollars to the Borrower with respect to such Initial Revolving Facility ▇▇▇▇▇▇’s Revolving Facility Commitment from time to time during the Revolving Availability Period in Dollars in an aggregate principal amount such that its Revolving Exposure will not result in (i) such Initial exceed its Revolving Facility Lender’s Revolving Facility Credit Exposure exceeding such Initial Revolving Facility Lender’s Revolving Facility Commitment or (ii) the aggregate Revolving Facility Credit Exposure with respect to such Initial Revolving Facility Commitment exceeding the total Initial Revolving Facility Commitments. The failure of any Revolving Facility Lender to make any Revolving Facility Loan required to be made by it shall not relieve any other Revolving Facility Lender of its obligations hereunder; provided that the Revolving Facility Commitments of the Revolving Facility Lenders are several and no Revolving Facility Lender shall be responsible for any other Revolving Facility Lender’s failure to make Revolving Facility Loans as required herebyCommitment. Within the foregoing limits and subject to the terms and express conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Facility Loans.
Loans (b) Subject to the terms and conditions set forth herein, each Term ▇▇▇▇▇▇ agrees, severally and not jointly, to make Term Loans denominated in Dollars to the Borrower equal to such Term ▇▇▇▇▇▇’s Term Facility Commitment on the Closing Datewithout premium or penalty). The failure of any Term Lender to make any Term Loan required to be made by it shall not relieve any other Term Lender of its obligations hereunder; provided that the Term Facility Commitments of the Term Lenders are several and no Term Lender shall be responsible for any other Term Lender’s failure to make Term Loans as required hereby. The full amount of the Closing Date Term Loans must be drawn in a single drawing on the Closing Date and amounts paid Amounts repaid or prepaid in respect of Term Loans may not be reborrowed. The 2024 Term Commitments will terminate in full upon the making of the Loans referred to in clause (a) above. The 2024 Term Loans funded on the Sixth Amendment Effective Date will be funded with original issue discount in an amount equal to 99.0% of the par principal amount thereof (it being agreed that the Borrower shall be obligated to repay 100% of the principal amount of the 2024 Term Loans and interest shall accrue on 100% of the principal amount of the 2024 Term Loans, in each case as provided herein). All Revolving Loans will be made by all Revolving Lenders (including both 2018 Revolving Lenders and 2024 Revolving Lenders) in accordance with their respective pro rata shares of the Revolving Commitments until the 2018 Revolving Commitment Maturity Date; thereafter, all Revolving Loans will be made by the 2024 Revolving Lenders in accordance with their respective pro rata shares of the 2024 Revolving Commitments until the 2024 Revolving Commitment Maturity Date. For the avoidance of doubt, on the 2018 Revolving Commitment Maturity Date, all 2018 Revolving Loans outstanding on such date shall be paid in full and on the 2024 Revolving Commitment Maturity Date, all 2024 Revolving Loans outstanding on such date shall be paid in full.
Appears in 1 contract
Sources: First Lien Credit Agreement (GoodRx Holdings, Inc.)