Acquisition Loan Commitments. Company agrees to pay to Administrative Agent, for distribution to each Acquisition Lender in proportion to that Acquisition Lender's Pro Rata Share of the Acquisition Loan Commitments, commitment fees for each day during the period from and including the Closing Date to and excluding the Acquisition Loan Commitment Termination Date (or, if earlier, the date of termination of the Acquisition Loan Commitments in their entirety) on the excess on such day of the Acquisition Loan Commitments over the aggregate principal amount of outstanding Acquisition Loans on such date, (the "Unused Acquisition Loan Commitment Amount") at a rate per annum equal to the commitment fee percentage set out below opposite the Consolidated Leverage Ratio as set forth in the most recent Margin Determination Certificate delivered pursuant to subsection 6.1(iv), PROVIDED that on any date prior to the date of the delivery of the first Margin Determination Certificate after the six month anniversary of the Closing Date, if the Unused Acquisition Loan Commitment Amount on such date is less than 50% of the aggregate Acquisition Loan Commitments, the applicable commitment fee percentage on such date shall be 0.75% per annum and if the Unused Acquisition Loan Commitment Amount on such date is equal to or greater than 50% of the aggregate Acquisition Loan Commitments, the applicable commitment fee percentage on such date shall be 0.50% per annum: Acquisition Loan COMMITMENT FEE PERCENTAGE Consolidated Leverage Ratio Utilization Utilization Less than 50% x50% ---------------------------------------------------------------------------------------------------------- Greater than or equal to 5.00:1.00 0.750% 0.500% Greater than or equal to 4.00:1.00 0.625% 0.375% but less than 5.00:1.00 Greater than or equal to 3.00:1.00 0.550% 0.300% but less than 4.00:1.00 Less than 3.00:1.00 0.500% 0.250% such commitment fees to be calculated on the basis of a 360-day year and the actual number of days elapsed and to be payable quarterly in arrears on each Quarterly Date of each year, commencing on the first such date to occur after the Closing Date, and on the Acquisition Loan Commitment Termination Date. Changes in the applicable commitment fee rate for Acquisition Loan Commitments resulting from a change in the Consolidated Leverage Ratio shall become effective as provided in subsection 2.3C. In the event that Company fails to deliver a Margin Determination Certificate timely in accordance with the provis...
Acquisition Loan Commitments. Subject to the terms and conditions and relying upon the representations and warranties of the Company herein set forth, each Acquisition Loan Lender severally and not jointly agrees to make revolving credit loans to the Company (each such loan, an “Acquisition Loan”) from time to time on any Business Day during the period from the Closing Date to the Maturity Date in an aggregate amount not to exceed at any time outstanding such Lender’s pro rata share of the lesser of (a) the Acquisition Loan Advance Limit or (b) the aggregate amount of the Acquisition Loan Commitments of all the Acquisition Loan Lenders; provided, however, that, after giving effect to any Acquisition Loan Borrowing, the aggregate amount of all outstanding Acquisition Loans and all outstanding Letter of Credit Obligations shall not at any time exceed the aggregate Acquisition Loan Commitments. Subject to the other terms and conditions hereof, the Company may borrow, prepay and reborrow Acquisition Loans under this Section 3.1.
Acquisition Loan Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties of the Company herein set forth, each Acquisition Loan Lender severally and not jointly agrees to make revolving credit loans to the Company (each such loan, an “Acquisition Loan”) from time to time on any Business Day during the period from the Closing Date to the Maturity Date in an aggregate amount not to exceed at any time outstanding such Lender’s pro rata share of the Acquisition Loan Advance Limit; provided, however, that, after giving effect to any Acquisition Loan Borrowing, the aggregate amount of all outstanding Acquisition Loans and all outstanding Letter of Credit Obligations shall not at any time exceed the Acquisition Loan Advance Limit. Subject to the other terms and conditions hereof, the Company may borrow, prepay and reborrow Acquisition Loans under this Section 3.1(a).
Acquisition Loan Commitments. (a) Subject to the terms and conditions hereof, each Lender agrees to make revolving acquisition loans ("Acquisition Loans") to the Borrower from time to time during the period from and including the Closing Date until but excluding the Termination Date (the "Availability Period") in an aggregate principal amount at any one time outstanding not to exceed its respective Acquisition Loan Commitment. During the Availability Period the Borrower may use the Acquisition Loan Commitments by borrowing, prepaying the Acquisition Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof.
Acquisition Loan Commitments. (a) Subject to the terms and conditions of this Agreement, each Acquisition Direct Lender severally agrees to make loans in Dollars and Approved Acquisition Currencies (individually, a "Syndicated Acquisition Loan"; collectively, the "Syndicated Acquisition Loans") to the Acquisition Borrowers from time to time during the Commitment Period.
Acquisition Loan Commitments. (a) Subject to the terms and conditions hereof, each Lender agrees to extend credit, in an aggregate amount not to exceed such Lender's Acquisition Loan Commitment, to the Company from time to time on any Borrowing Date during the Acquisition Loan Commitment Period by making loans to the Company ("Acquisition Loans") from time to time. Notwithstanding the foregoing, in no event shall any Acquisition Loan be made if after giving effect to such making and the use of proceeds thereof as irrevocably directed by the Company, the aggregate then outstanding principal amount of Acquisition Loans would exceed the aggregate Acquisition Loan Commitments. During the Acquisition Loan Commitment Period, the Company may use the Acquisition Loan Commitments by borrowing, prepaying the Acquisition Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof.
Acquisition Loan Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties of the Company herein set forth, each Acquisition Loan Lender severally and not jointly agrees to make revolving credit loans to the Company (each such loan, an “Acquisition Loan”) from time to time on any Business Day during the period from the Closing Date to the Maturity Date in an aggregate amount not to exceed at any time outstanding such Lender’s pro rata share of the lesser of (a) the Acquisition Loan Advance Limit or (b) the Total Acquisition Loan Commitment; provided, however, that, after giving effect to any Acquisition Loan Borrowing, the aggregate amount of all outstanding Acquisition Loans and all outstanding Letter of Credit Obligations shall not at any time exceed the Total Acquisition Loan Commitment. Subject to the other terms and conditions hereof, the Company may borrow, prepay and reborrow Acquisition Loans under this Section 3.1(a).
Acquisition Loan Commitments. (i) Subject to the terms and conditions of this Agreement and relying on the representations and warranties set forth herein, each Acquisition Lender severally agrees to make an Acquisition Loan Advance to the Borrower during the Acquisition Loan Availability Period on each Acquisition Loan Funding Date in an amount equal to its Pro Rata Share of the Acquisition Loan requested to be made on such date, but in no event shall any Acquisition Loan Advance made by any Acquisition Lender on any date exceed such Acquisition Lender's Acquisition Loan Commitment as of such date. The aggregate amount of all Acquisition Loan Advances made by the Acquisition Lenders hereunder shall not in any event exceed the Maximum Acquisition Loan Amount. Unless earlier terminated in accordance herewith, each Acquisition Lender's Acquisition Loan Commitment shall terminate upon the earliest to occur of (A) its making of Acquisition Loan Advances in an aggregate amount equal to its respective Acquisition Loan Commitment, (B) the date on which any Closing Failure shall have occurred and (C) the date on which an Acquisition Loan Funding Date shall have occurred with respect to each of the Astoria Bundle, the NiMo Assets and the Carr Xxxeet Generating Station. Once prepaid or repaid, an Acquisition Loan cannot be reborrowed.
Acquisition Loan Commitments. (i) Subject to the terms and conditions of this Agreement and relying on the representations and warranties set forth herein, each Acquisition Lender severally agrees to make an Acquisition Loan Advance to the Borrower on the Closing Date in an amount equal to its Pro Rata Share of the Acquisition Loan requested to be made on such date, but in no event shall any Acquisition Loan Advance made by any Acquisition Lender on any date exceed such Acquisition Lender's Acquisition Loan Commitment as of such date. The aggregate amount of all Acquisition Loan Advances made by the Acquisition Lenders hereunder shall not in any event exceed the Maximum Acquisition Loan Amount. Each Acquisition Lender's Acquisition Loan Commitment shall terminate at 5:00 p.m. (New York time) on the Closing Date. Once prepaid or repaid, an Acquisition Loan cannot be reborrowed.
