Additional Loan. The Borrower may, upon written request to the Agent, elect to request on a single occasion, within the 12 (twelve) months following the execution date of this Agreement (“Increase Term”), the granting of an additional loan (“Additional Loan”), up to a principal amount of USD$18,613,000.00 (eighteen million six hundred thirteen thousand and 00/100 Dollars). Upon receipt of the application for Additional Loan, the Agent shall offer it, (i) in the first instance, to each of the Creditors (and each of the Creditors will have the right, but not the obligation, to increase their respective Commitments, on a pro rata basis to the amount of the Loan they have at that time, by the total amount of the Additional Loan); (ii) in the second instance, with respect to those amounts that have not been subscribed by the Creditors in the first instance, the Agent shall offer it to each of the Creditors that have decided to increase their respective Commitments pursuant to the foregoing, (iii) in the third instance, with respect to those amounts that have not been subscribed by the Creditors in the first and second instance, to certain financial institutions acceptable to the Agent (“Additional Creditors”). The Borrower acknowledges and agrees that the Creditors will have no obligation to the Borrower to extend any Additional Loan and that the Agent shall use only its best efforts to offer such Additional Loan among the Creditors and/or the Additional Creditors, as applicable, without the Agent being bound in any way to obtain funds for the granting of the Additional Loan. The Additional Loan, if any, shall be borrowed by the Borrower within the Borrowing Window, in one or more installments, in accordance with the Construction Programme and the Borrowing and Investment Schedule, provided that the requirements set forth in Clause Three, which will be referred to the Additional Loan, to the extent applicable, have been met in form and substance acceptable to the Agent and the Creditors on or prior to each proposed Borrowing Date. Additionally, the Loan Documents must be in full force and effect.
Appears in 1 contract
Sources: Loan Agreement With Mortgage Guarantee (Murano Global Investments LTD)
Additional Loan. The Borrower may, upon written Borrowers may at any time request in writing that Lenders increase the aggregate amount of the Commitments to $150,000,000. Lenders' shall have thirty (30) days after the Administrative Agent's receipt of such request to respond in writing to the Agent, elect Borrowers either accepting or rejecting such request. A failure by the Lenders to request on respond within such thirty (30) day period shall be deemed to be a single occasion, within the 12 (twelve) months following the execution date of this Agreement (“Increase Term”), the granting of an additional loan (“Additional Loan”), up to a principal amount of USD$18,613,000.00 (eighteen million six hundred thirteen thousand and 00/100 Dollars). Upon receipt rejection of the application for Additional Loan, the Agent shall offer it, (i) in the first instance, to each of the Creditors (and each of the Creditors will have the right, but not the obligation, Borrowers' request to increase their respective Commitments, on a pro rata basis to the amount of the Loan they have at that time, by Commitments. If the total Lenders agree to increase the aggregate amount of the Additional Loan); (ii) Commitments to $150,000,000 the Borrowers and Lenders shall promptly thereafter enter into an amendment of the Credit Agreement in the second instance, with respect form of prior amendments which amendment shall include such provisions as are necessary to those amounts that have not been subscribed by effect the Creditors increase in the first instanceaggregate amount of the Commitments. If the Lenders reject the request to increase the amount of the Commitments, the Agent shall offer it Lenders hereby agree to each amend Section 9.1 of the Creditors that have decided Credit Agreement to increase their respective Commitments pursuant permit a loan from a third party to the foregoing, (iii) Borrowers in the third instanceamount of $20,000,000 subject, with respect to those amounts that have not been subscribed by the Creditors in the first and second instance, to certain financial institutions acceptable to the Agent (“Additional Creditors”). The Borrower acknowledges and agrees that the Creditors will have no obligation to the Borrower to extend any Additional Loan and that the Agent shall use only its best efforts to offer such Additional Loan among the Creditors and/or the Additional Creditors, as applicable, without the Agent being bound in any way to obtain funds for the granting of the Additional Loan. The Additional Loan, if any, shall be borrowed by the Borrower within the Borrowing Window, in one or more installments, in accordance with the Construction Programme and the Borrowing and Investment Schedule, provided that the requirements set forth in Clause Three, which will be referred to the Additional Loanhowever, to the extent applicablefollowing conditions: (a) such loan shall be unsecured, have been met in form and substance acceptable (b) at the time the Administrative Agent receives the request from the Borrowers to increase the Agent and the Creditors on or prior to each proposed Borrowing Date. AdditionallyCommitments, the Loan Documents must be Borrowings under the Credit Agreement together with the amount of Borrowers' request to increase the Commitments equals or exceeds the aggregate amount of the Commitments, and (c) no Event of Default, as defined in full force Article 11 of the Credit Agreement, nor any event which, upon notice, lapse of time or both, would constitute an Event of Default under the Credit Agreement, has occurred and effectis continuing as of the effective date of the documents evidencing such loan.
Appears in 1 contract
Sources: Third Amendment Agreement (Goodys Family Clothing Inc /Tn)