Common use of Delayed Draw Term Loans Clause in Contracts

Delayed Draw Term Loans. (a) Delayed Draw Term Loan Commitments. During the Delayed Draw Term Loan Commitment Period, subject to the terms and conditions hereof, each Lender severally agrees to make Delayed Draw Term Loans to the Borrowers in an aggregate amount up to but not exceeding such Lender’s Delayed Draw Term Loan Commitment; provided, that after giving effect to the making of any Delayed Draw Term Loan, in no event shall the Total Utilization of Delayed Draw Term Loan Commitments exceed the Delayed Draw Term Loan Commitments then in effect. Any amount borrowed under this Section 2.02(a) and subsequently repaid or prepaid may not be reborrowed. Each Lender’s applicable Delayed Draw Term Loan Commitment shall expire on the Delayed Draw Term Loan Commitment Termination Date and all Delayed Draw Term Loans and all other amounts owed hereunder with respect to the Delayed Draw Term Loans and the Delayed Draw Term Loan Commitments shall be paid in full no later than the Term Loan Maturity Date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Ascend Wellness Holdings, LLC)

Delayed Draw Term Loans. (a) Delayed Draw Term Loan Commitments. During the Delayed Draw Term Loan Commitment Period, subject Subject to the terms and conditions hereofset forth herein, each Delayed Draw Term Lender severally agrees to make up to four (4) Delayed Draw Term Loans to the Borrowers Borrower from time to time on any Business Day on or prior to the Delayed Draw Termination Date in Dollars in an aggregate principal amount up for all such Delayed Draw Term Borrowings not to but not exceeding exceed such Delayed Draw Term Lender’s Delayed Draw Term Loan Commitment; provided, that after giving effect to the making of any . Each Delayed Draw Term Loan, in no event Borrowing shall the Total Utilization consist of Delayed Draw Term Loan Commitments exceed Loans made simultaneously by the Delayed Draw Term Loan Commitments then Lenders in effectaccordance with their respective Applicable Percentage of the Delayed Draw Term Facility. Any amount borrowed under this Section 2.02(a) and subsequently Delayed Draw Term Loans repaid or prepaid may not be reborrowed. Each Lender’s applicable Delayed Draw Term Loans may be Base Rate Loans, Daily SOFR Loans or Term SOFR Loans, as further provided herein. Notwithstanding anything to the contrary contained herein, each Delayed Draw Term Lender may, at its option, fulfill its obligations to make any Delayed Draw Term Loan Commitment shall expire on the Delayed Draw Term Loan Commitment Termination Date and all Delayed Draw Term Loans and all other amounts owed hereunder with respect available to the Delayed Draw Term Loans and Borrower by causing any foreign or domestic branch or Affiliate of such Lender to make such Loan; provided that the Delayed Draw Term exercise of such option shall not affect the obligation of the Borrower to repay such Loan Commitments shall be paid in full no later than accordance with the Term Loan Maturity Dateterms of this Agreement.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Ventas, Inc.)

Delayed Draw Term Loans. Subject to the terms and conditions hereof (a) including, without limitation, Section 3.02(a)), each Lender with a Delayed Draw Term Loan Commitments. During Commitment severally agrees to make one or more Term Loans to the Borrower during the period from the Closing Date until the Delayed Draw Term Loan Commitment PeriodTermination Date (collectively, subject to the terms and conditions hereof, each Lender severally agrees to make “Delayed Draw Term Loans”) in an aggregate amount for all such Delayed Draw Term Loans not to the Borrowers in an aggregate amount up to but not exceeding exceed such Lender▇▇▇▇▇▇’s Delayed Draw Term Loan Commitment; provided, that after giving effect to the making of any Delayed Draw Term Loan, in no event shall the Total Utilization of Delayed Draw Term Loan Commitments exceed the Delayed Draw Term Loan Commitments then in effect. Any amount amounts borrowed under this Section 2.02(a2.01(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Each Lender’s applicable Delayed Draw Term Loan Commitment shall expire on the Delayed Draw Term Loan Commitment Termination Date Subject to Sections 2.11 and 2.12, all Delayed Draw Term Loans and all other amounts owed hereunder with respect to the Delayed Draw Term Loans and the Delayed Draw Term Loan Commitments shall be paid in full no later than the Maturity Date. Each Lender’s Delayed Draw Term Loan Maturity Commitment shall terminate immediately and without further action on the Delayed Draw Term Loan Commitment Termination Date. For the avoidance of doubt, if the Delayed Draw Term Loan Commitments have not been drawn in full by the Delayed Draw Term Loan Commitment Termination Date, any remaining undrawn Delayed Draw Term Loan Commitments shall automatically be reduced to zero.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Great Lakes Dredge & Dock CORP)

Delayed Draw Term Loans. (a) Delayed Draw Term Loan Commitments. During Subject to the terms and conditions of this Agreement, each Lender with a Delayed Draw Term Loan Commitment Period, subject to the terms and conditions hereof, each Lender severally agrees to make Delayed Draw Term Loans to the Borrowers in an aggregate amount up Borrower from time to but not exceeding such Lender’s time on or after the Initial Delayed Draw Term Loan CommitmentFunding Date as requested by the Borrower in accordance with the terms of Section 4.2; provided, that (a) the aggregate principal amount of all outstanding Delayed Draw Term Loans (after giving effect to the making of any Delayed Draw Term Loan, in no event amount requested) shall the Total Utilization of Delayed Draw Term Loan Commitments not exceed the Delayed Draw Term Loan Commitments then in effect. Any Commitment and (b) the principal amount borrowed under this Section 2.02(a) and subsequently repaid or prepaid may of outstanding Delayed Draw Term Loans from any Lender to the Borrower shall not be reborrowed. Each at any time exceed such Lender’s applicable 's Delayed Draw Term Loan Commitment Commitment.. If the Initial Delayed Draw Term Loan Funding Date shall expire not have occurred on or prior to the Delayed Draw Funding Deadline, the Delayed Draw Term Loan Commitment Termination Date and all Delayed Draw Term Loans and all other amounts owed hereunder with respect to of each applicable Lender shall terminate on the Delayed Draw Term Loans and the Delayed Draw Term Loan Commitments shall be paid in full no later than the Term Loan Maturity DateFunding Deadline.

Appears in 1 contract

Sources: Credit Agreement (Globalstar, Inc.)

Delayed Draw Term Loans. (a) Delayed Draw Term Loan Commitments. During At any time during the Delayed Draw Term Loan Commitment Period, subject to the terms and conditions set forth in Sections 1.08 and 4.02 hereof, each Delayed Draw Term Loan Lender with a Delayed Draw Term Loan Commitment severally agrees to make to the Borrowers, on the applicable Delayed Draw Closing Date, term loans denominated in Dollars in amounts requested by the Borrowers that, when taken together, do not exceed the aggregate Delayed Draw Term Loan Commitments as of such Delayed Draw Closing Date immediately prior to giving effect to such Borrowing (the “Delayed Draw Term Loans”); provided that the amount of Delayed Draw Term Loans to the Borrowers in an aggregate amount up to but not exceeding be funded by any such Lender’s Delayed Draw Term Loan Commitment; provided, that after giving effect to the making of any Lender on such Delayed Draw Term Loan, in no event Closing Date shall the Total Utilization of not exceed such Delayed Draw Term Loan Commitments exceed the Lender’s unfunded Delayed Draw Term Loan Commitments then in effectCommitment as of such Delayed Draw Closing Date immediately prior to giving effect to such Borrowing. Any amount Delayed Draw Term Loans may be Base Rate Loans or SOFR Loans, as further provided herein. Amounts borrowed under this Section 2.02(a2.01(c) and subsequently repaid or prepaid may not be reborrowed. Each Lender’s applicable Delayed Draw Term Loan Commitment shall expire on the Delayed Draw Term Loan Commitment Termination Date and all Delayed Draw Term Loans and all other amounts owed hereunder with respect to the Delayed Draw Term Loans and the Delayed Draw Term Loan Commitments shall be paid in full no later than the Term Loan Maturity Date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Varex Imaging Corp)