Amounts Owing. The Borrower acknowledges and agrees that the principal amount of Loans and LC Obligations as of August 12, 2016, is $173,661,626.46 ($173,511,626.46 in Revolving Credit Loans, $0 in Swingline Loans and $150,000.00 in LC Obligations), and such amount (together with interest and fees thereon) is justly and truly owing by the Borrower without defense, recoupment, offset or counterclaim.
Amounts Owing. Upon termination of this Agreement under Section 14.1 or Section 15.1, the Parties will forthwith pay to each other all sums due and owing to the date of termination.
Amounts Owing. The Company acknowledges and agrees that, to the best of its knowledge, the principal amount outstanding under the Credit Agreement is $146,041,914.24 and such amount (together with interest and fees thereon) is due, outstanding and justly and truly owing by the Company without defense, offset or counterclaim.
Amounts Owing. Each of the Loan Parties acknowledges and agrees that, as of the date hereof, the Borrowers are indebted to the Secured Parties in an aggregate amount equal to (a) the aggregate principal amount of Revolving Credit Loans (including any Swing Line Loans) outstanding under the Credit Agreement in an amount equal to $284,400,000, plus accrued and unpaid interest thereon, plus (b) the aggregate principal amount of Initial Tranche B-1 Term Loan outstanding under the Credit Agreement in an amount equal to $569,250,000, plus accrued and unpaid interest thereon, plus (c) the aggregate principal amount of Initial Tranche B-2 Term Loan outstanding under the Credit Agreement in an amount equal to $480,150,000, plus accrued and unpaid interest thereon, plus (d) all obligations with respect to Letters of Credit outstanding under the Credit Agreement, plus (e) all obligations, if any, pursuant to any Secured Cash Management Agreement or Secured Hedge Agreement, plus (f) the unpaid actual out-of-pocket expenses incurred by the Agent in connection with the preparation, negotiation, execution and delivery of this Agreement and all unpaid out-of-pocket expenses incurred by the Agent and any Lender in connection with the enforcement or protection of their rights or in connection with this Agreement, the Credit Agreement and the other Loan Documents, in connection with the Obligations under the Credit Agreement or incurred during any workouts, restructuring or negotiating in respect of such Obligations, as and to the extent set forth in Section 10.04(a) of the Credit Agreement, and such amounts are outstanding without defense, offset or counterclaim; provided that such amounts shall not include any Excluded Swap Obligations.
Amounts Owing. Each of the Loan Parties acknowledges and agrees that, as of May 14, 2020, the aggregate principal amount of Loans outstanding under the Credit Agreement is $309,165,018.60, consisting of (i) Term Loans in an aggregate principal amount of $283,665,018.60 and (ii) Revolving Credit Commitments in an aggregate amount of $25,500,000 and Revolving Credit Loans in an aggregate principal amount of $0, plus accrued and unpaid interest and fees thereon. Such Obligations, together with all other outstanding Obligations owing pursuant to the terms of the Loan Documents, including interest, fees, expenses and other charges, are validly owing and are not subject to any right of offset, deduction, claim, or counterclaim in favor of any Loan Party.
Amounts Owing. The Company has, prior to the Closing Date, collected all amounts loaned or advanced by it to, or otherwise receivable by it from Seller or from its directors, its officers, any other employee or consultant.
Amounts Owing. Each of the Loan Parties acknowledges and agrees that, as of the date hereof (but immediately prior to giving effect to the Seventh Amendment), the Obligations of the Borrower to the Secured Parties include (a) an aggregate principal amount of Loans outstanding under the Credit Agreement in an amount equal to $107,223,912.17 plus any accrued and unpaid interest thereon, plus (b) all reasonable and documented unpaid out-of-pocket costs and expenses incurred by the Administrative Agent and the Forbearing Lenders in connection with the preparation, negotiation, execution and delivery of this Agreement and all reasonable and documented unpaid out-of-pocket costs and expenses incurred by the Administrative Agent and the Forbearing Lenders in connection with the enforcement (whether through negotiations, legal proceedings or otherwise) of their rights or remedies in connection with this Agreement, the Credit Agreement and the other Loan Documents, in each case, as and to the extent set forth in Section 10.04 of the Credit Agreement, and such amounts are outstanding without defense, offset or counterclaim.
Amounts Owing. Each of the Credit Parties acknowledges and agrees that, as of the date hereof, the aggregate principal amount of Loans outstanding under the Credit Agreement is $573,187,500, consisting of (i) with respect to the Tranche A Term Loans, in an aggregate principal amount of $43,312,500, (ii) with respect to the Tranche B Term Loans, in an aggregate principal amount of $490,875,000 and (iii) Revolving Commitments in an aggregate amount of $40,000,000 and Revolving Loans in an aggregate principal amount of $39,000,000, plus accrued and unpaid interest and fees thereon. Such Obligations, together with all other outstanding Obligations owing pursuant to the terms of the Credit Documents, including interest, fees, expenses and other charges, are validly owing and are not subject to any right of offset, deduction, claim, or counterclaim in favor of any Credit Party.
Amounts Owing. Upon notice of termination of this agreement under clause 8.1, all amounts owing by the Hirer to LOSCAM will be due and payable on the date of termination.
Amounts Owing. The Borrower acknowledges and agrees that as of November 15, 2018, the principal amount of Loans and Letters of Credit is $40,148,000.00 ($15,235,000.00 in Term Loans, $13,512,000.00 in Revolving Loans, $7,986,000.00 in Bridge Term Loans, and $3,415,000.00 in Letters of Credit), and such amount (together with interest and fees thereon) is justly and truly owing by the Borrower without defense, offset or counterclaim.
