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.
Appears in 2 contracts
Samples: First Lien Forbearance Agreement (Fusion Connect, Inc.), First Lien Forbearance Agreement (Fusion Connect, Inc.)
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.. 36
Appears in 1 contract
Samples: Forbearance Agreement
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. Section 3.
Appears in 1 contract
