Incremental Notes Sample Clauses
Incremental Notes. (a) Subject to the terms of Section 2.16(b), the Issuer may from time to time request Incremental Commitments, provided that:
(i) Prior to implementing any new Incremental Commitments, the Issuer shall have provided a written notice to the Agent and the then-existing Holders (such notice, the “Incremental Notes Notice”), specifying the amount of Incremental Commitments being requested (the “Incremental Target Amount”), such amount not to exceed $35,000,000 in aggregate outstanding principal amount during the term of this Agreement;
(ii) following receipt of the Incremental Notes Notice, then-existing Holders at such time may, within thirty (30) days of receipt by the Agent and such Holders of the Incremental Notes Notice (the “Offer Deadline”), deliver to the Issuer a written offer to provide the Incremental Commitments (the “Incremental Notes Offer”; the Holders providing the Incremental Notes Offer, “Electing Holders”), subject to Section 2.16(a)(vi) and Section 2.16(b), in accordance with the terms and procedures set forth in this Section 2.16, which Incremental Notes Offer shall detail the economic and other material terms of the proposed Incremental Notes, including principal amount, amortization, call protection, maturity date, pricing and any other such term deemed material by such then-existing Holder;
(iii) following receipt of the Incremental Notes Offer, the Issuer may, within five (5) Business Days of receipt of such Incremental Notes Offer, accept or decline such Incremental Notes Offer, subject to the terms and conditions contained herein (provided, that, if the Issuer does not respond to such Incremental Notes Offer within such five (5) Business Day period, the Issuer shall be deemed to have declined such Incremental Notes Offer);
(iv) if the Issuer accepts such Incremental Notes Offer, then the Issuer and the Electing Holders shall use commercially reasonable efforts to consummate the transaction set forth in the Incremental Notes Offer in accordance with the terms thereof and this Section 2.16;
(v) any then-existing Holder at such time not responding to the Incremental Notes Notice prior to the Offer Deadline shall be deemed to have declined to provide Incremental Commitments and if any then-existing Holder declines to provide Incremental Commitments by an amount equal to such Holder’s Pro Rata Share of such requested amount, any Holder electing to provide Incremental Commitments may elect to increase its Incremental Commitment by an amoun...
Incremental Notes. The Agent shall have received, for each Incremental ----------------- Loan Lender, an Incremental Note duly executed by the Borrowers in favor of such Lender in a principal amount equal to such Incremental Loan Lender's Incremental Loan Commitment.
Incremental Notes. For any issuance of Incremental Notes, the amount of any quarterly payment set forth in clause (a)(1) above shall be increased to the extent and as required pursuant to the terms of any applicable Incremental Amendment.
Incremental Notes. On the Amendment No. 4 Effective Date (as defined below), Bluescape, Ascend, and Meridian agree to purchase the Amendment No. 4 Notes, subject to the conditions set forth herein. The Amendment No. 4 Notes shall be “Notes” for all purposes under the Note Documents. There shall be no requirement that the Holders of the existing Notes purchase such Amendment No. 4 Notes in accordance with their Pro Rata Share.
Incremental Notes. The Administrative Agent shall have received, for each Incremental Lender, an Incremental Note duly executed by the Borrower in favor of such Lender in a principal amount equal to such Incremental Lender's Incremental Loan Commitment.
Incremental Notes. 57 ARTICLE IV REPRESENTATIONS AND WARRANTIES Section 4.01 Entity Existence .......................................................................................................... 57 Section 4.02 Financial Statements; Etc ........................................................................................... 58 Section 4.03
Incremental Notes. The Agent shall keep a record of each Incremental Loan and the Percentage Interests of the respective Lenders therein as part of the Register, which shall evidence such Incremental Loan. Each Incremental Loan shall be deemed owed to each Lender having a Commitment therein severally in accordance with such Lender's Percentage Interest therein, and all payments thereon shall be for the account of each Lender in accordance with its Percentage Interest therein. Upon request of any Lender, the Company's obligations to pay such Lender's Percentage Interest in any Incremental Loan shall be evidenced by a separate note of the Company in substantially the form of the Revolving Note or Term Note, as applicable (each, an "Incremental Note"), payable to such Lender in accordance with such Lender's Percentage Interest in the Incremental Loan."
Incremental Notes. On the Amendment No. 2 Effective Date (as defined below), Bluescape and Ascend agree to purchase the Amendment No. 2 Notes, subject to the conditions set forth herein. The Amendment No. 2 Notes shall be “Notes” for all purposes under the Note Documents. There shall be no requirement that the Holders of the existing Notes purchase such Amendment No. 2 Notes in accordance with their Pro Rata Share.
Incremental Notes. The Company shall have duly executed and delivered to the Agent the appropriate Incremental Note for each Lender having a Commitment therein who has requested delivery of an Incremental Note prior to such Closing Date.
Incremental Notes. See Section 1.1.