Delayed Draw Loans. Subject to the terms and conditions set forth herein, including the entry of the Final DIP Order and the terms and conditions thereof, each Delayed Draw Lender severally, and not jointly, agrees to make Delayed Draw Loans to the Borrower (i)from time to time during the Availability Period (but in any event with respect to Delayed Draw Loans made pursuant to this Section 2.01(c), limited (in the case of drawings not in respect of the Carve-Out Reserve) to four (4) drawings, from all Delayed Draw Lenders, each drawing to be in an aggregate principal amount of at least $5,000,000 (or, if less, the entire remaining amount of the aggregate unused Delayed Draw Commitments available to be drawn), on any Business Day in a principal amount equal to the Delayed Draw Lenders’ respective Delayed Draw Applicable Percentage of the amount requested by the Borrower in accordance with Section 2.03, provided, that no Delayed Draw Lender will be required to make any Delayed Draw Loan in an amount that would result in the Delayed Draw Loan to be made by a Lender on such date exceeding such Lender’s Delayed Draw Commitment on such date, less such Delayed Draw Lenders Applicable Percentage of the Carve-Out Reserve, and (ii) on the Carve-Out Trigger Date or following the entry of an order of the Bankruptcy Court authorizing the sale of a material portion of the Debtors’ assets, an additional one (1) drawing in an amount equal to such Delayed Draw Lenders Applicable Percentage of the Carve-Out Reserve to the extent not funded pursuant to Section 2.01(b). The Delayed Draw Commitments shall be permanently reduced by the amount of each Delayed Draw Loan when made and amounts paid or prepaid in respect of the Delayed Draw Loans may not be reborrowed.”
Delayed Draw Loans. Subject to the terms and conditions set forth herein, including Section 2.01(c), each Delayed Draw Lender severally, and not jointly, agrees to make Delayed Draw Loans to the Borrower from time to time (but in any event with respect to Delayed Draw Loans made pursuant to this Section 2.01(b), limited to fifteen (15) drawings from all Delayed Draw Lenders, each in an aggregate principal amount of at least $5,000,000), on any Business Day until the Delayed Draw Commitment Termination Date, in a principal amount that will not result in (i) the Delayed Draw Loan to be made by a Lender on such date exceeding such Lender’s Delayed Draw Commitment on such date, (ii) the total Delayed Draw Loans exceeding the Delayed Draw Cap, (iii) the total Loans outstanding exceeding the then effective Borrowing Base or (iv) the aggregate Delayed Draw Commitment reducing below the Threshold Amount at such time. The Delayed Draw Loans shall be issued with an original issue discount of 3.0% of par. The Delayed Draw Commitments shall be permanently reduced by the amount of each Delayed Draw Loan when made and amounts paid or prepaid in respect of the Delayed Draw Loans may not be reborrowed.
Delayed Draw Loans. In addition to the satisfaction (or waiver in accordance with Section 9.07) of the conditions set forth in Section 5.01 hereof, the Lender shall not be obligated to fund any Delayed Draw Loans unless the Lender shall have first exercised the Final Outside Date Extension Option.
Delayed Draw Loans. The Company shall prepay the Delayed Draw Loans on the date such Delayed Draw Loans are made from any proceeds of the Delayed Draw Loans that were not used on such date to fund Permitted Acquisition Expenses.
Delayed Draw Loans. Each Delayed Draw Lender severally agrees, on the terms and conditions hereinafter set forth, to make up to three Delayed Draw Loans to the Borrower, in US Dollars, in a principal amount specified by the Borrower not exceeding such Delayed Draw Lender’s unused Delayed Draw Commitment, each such Delayed Draw Loan to be made on the applicable Delayed Draw Funding Date. Each Delayed Draw Borrowing shall be in an aggregate amount of $100,000,000 or an integral multiple of $1,000,000 in excess thereof and shall be made by the Delayed Draw Lenders ratably according to their respective Delayed Draw Commitments. Amounts repaid or prepaid in respect of the Delayed Draw Loans may not be reborrowed.
Delayed Draw Loans. Subject to and upon the terms and conditions set forth herein, including for the avoidance of doubt, Section 6.02, each Delayed Draw Lender severally, but not jointly, agrees to make Delayed Draw Loans to the Borrower during the Availability Period in an aggregate principal amount that will not result in (i) the Delayed Draw Loan to be made by such Delayed Draw Lender on such date exceeding such Delayed Draw Lxxxxx’s remaining unfunded Delayed Draw Commitment on such date or (ii) the total Delayed Draw Loans to be made by all Delayed Draw Lenders on such date exceeding the aggregate remaining unfunded Delayed Draw Commitments of all such Delayed Draw Lenders on such date. The Delayed Draw Commitments shall be permanently reduced by the amount of each Delayed Draw Loan when made.
Delayed Draw Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees to make an additional loan (each such loan, a “Delayed Draw Loan” and, together with the Initial Loans, the “Loans”) to the Borrower in Dollars in a single installment during the Availability Period in an aggregate principal amount equal to such Lender’s Delayed Draw Commitment. The Delayed Draw Commitments shall be automatically and permanently terminated on the date of borrowing of the Delayed Draw Loans. Amounts borrowed under this Section 2.01(b) and repaid or prepaid may not be reborrowed.
Delayed Draw Loans. During the Commitment Period, as additional compensation for the Lenders, the Borrower agrees to pay to the Administrative Agent, for the ratable benefit of such Lenders, in cash in arrears, on the date which is the fifteenth (15th) day of every calendar month prior to the Commitment Period Termination Date, beginning on May 15, 2022, and on the Commitment Period Termination Date, a fee in respect of the Lenders' Commitments (excluding the Commitments of any Defaulting Lenders) in an amount equal to 2.75% per annum (calculated on the basis of a 360 day year for actual days elapsed) multiplied by the average daily unused amount of the Commitment of such Lender during the period for which such fee is due.
Delayed Draw Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees to make (i) its portion of a delayed draw term loan (the “Delayed Draw Tranche A Loan”) on the Delayed Draw Tranche A Closing Date in Dollars in an amount equal to such Lender’s Delayed Draw Tranche A Commitment and (ii) its portion of a delayed draw term loan (the “Delayed Draw Tranche B Loan,” together with the Initial Term Loan and the Delayed Draw Tranche A Loan, collectively, the “Loans”) on the Delayed Draw Tranche B Closing Date in Dollars in an amount equal to such Lender’s Delayed Draw Tranche B Commitment. Amounts repaid on the Loans may not be reborrowed.
Delayed Draw Loans. Subject to the terms and conditions set forth in this Agreement, on any Business Day during the Delayed Draw Period, the Lenders severally agree to make Loans in the aggregate maximum principal amount of up to $50,000,000.00 (the “Delayed Draw Loans”) to the Borrowers; provided, however, that (A)(I) any such Delayed Draw Loan that is a Base Rate Loan shall be in the amount of $100,000.00 or an integral multiple of $100,000.00 in excess thereof and (II) any such Delayed Draw Loan that is a LIBOR Rate Loan shall be in the amount of $500,000.00 or an integral multiple of $100,000.00 in excess thereof, (B) there shall not be more than three Delayed Draw Loans advanced during the Delayed Draw Period, (C) such Delayed Draw Loans shall consist of advances made simultaneously by the Lenders ratably according to their Commitments, (D) such Delayed Draw Loans shall be subject to the conditions in §11 having been satisfied and (E) the aggregate amount advanced to the Borrowers pursuant to this §2.1(b) shall not exceed the aggregate unfunded Commitments.
