Common use of Loan Commitments Clause in Contracts

Loan Commitments. Subject to the terms and conditions hereof, each Term Loan Lender severally agrees to make the CCTP Term Loan on the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Term Loan up to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. Borrower may make only two borrowings under the Term Loan Commitment (the CCTP Term Loan and the SPLNG Term Loan), which shall be on the CCTP Funding Date and the SPLNG Funding Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments) and 2.13 (Mandatory Prepayments; Commitment Termination), all amounts owed hereunder with respect to the Term Loans shall be paid in full no later than the Final Maturity Date. Each Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment shall terminate immediately and without further action on the CCTP Funding Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Term Loan Lender’s Pro Rata Share of the requested Term Loan on such date.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make make, on the CCTP Closing Date, a Tranche X Term Loan on the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower in Dollars in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Tranche X Term Loan up Commitment; (ii) each Lender severally agrees to make, on the Closing Date, a Tranche A Term Loan to Borrower in Dollars in an amount equal to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG A Term Loan up Commitment; (iii) each Lender severally agrees to make, on the Closing Date, a Tranche B-1 Term Loan to Borrower in Dollars in an amount equal to such Lender’s SPLNG Tranche B-1 Term Loan Commitment; and (iv) each Lender severally agrees to make, respectivelyon the Closing Date, a Tranche B-2 Term Loan to Borrower in Dollars in an amount equal to such Lender’s Tranche B-2 Term Loan Commitment. Borrower may make only two borrowings one borrowing under each of the Tranche A Term Loan Commitment (the CCTP Commitments, Tranche B-1 Term Loan Commitments, Tranche B-2 Term Loan Commitments and the SPLNG Tranche X Term Loan), Loan Commitments which shall be on the CCTP Funding Date and the SPLNG Funding Closing Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.13(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.14, all amounts owed hereunder with respect to the Tranche A Term Loans, the Tranche B-1 Term Loans, the Tranche B-2 Term Loans and the Tranche X Term Loans shall be paid in full no later than the Final Tranche A Term Loan Maturity Date, the Tranche B Term Loan Maturity Date and the Tranche X Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s CCTP Commitment, Tranche B-1 Term Loan Commitment, Tranche B-2 Term Loan Commitment and SPLNG Tranche X Term Loan Commitment shall terminate immediately and without further action on the CCTP Funding Closing Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Tranche A Term Loan Lender’s Pro Rata Share of the requested Commitment, Tranche B-1 Term Loan Commitment, Tranche B-2 Term Loan Commitment and Tranche X Term Loan Commitment on such date.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)

Loan Commitments. (i) Subject to the terms and conditions hereof, each Lender with an Initial Tranche A Term Loan Lender Commitment severally agrees to make the CCTP Term Loan make, on the CCTP Funding Date and Closing Date, one or more term loans (each, an “Initial Tranche A Term Loan”) to the SPLNG Term Loan on the SPLNG Funding Date to Borrower in Dollars in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Initial Tranche A Term Loan up to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. The Borrower may make only two borrowings one borrowing under the Initial Tranche A Term Loan Commitment (the CCTP Term Loan and the SPLNG Term Loan), which shall be on the CCTP Funding Date and the SPLNG Funding Closing Date. Any amount borrowed under this Section 2.1(a2.1(a)(i) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.11(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.12, all amounts owed hereunder with respect to the Initial Tranche A Term Loans shall be paid in full no later than the Final Maturity DateDate applicable to such Initial Tranche A Term Loans. Each Lender’s Initial Tranche A Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment shall terminate immediately and without further action on the CCTP Funding Closing Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Initial Tranche A Term Loan Lender’s Pro Rata Share of the requested Term Loan Commitment on such date. (ii) Subject to the terms and conditions hereof, each Lender with an Initial Tranche B Term Loan Commitment severally agrees to make, on the Closing Date one or more term loans (each, an “Initial Tranche B Term Loan”) to the Borrower in Dollars in an amount equal to such Lender’s Initial Tranche B Term Loan Commitment. The Borrower may make only one borrowing under the Initial Tranche B Term Loan Commitment which shall be on the Closing Date. Any amount borrowed under this Section 2.1(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11(a) and 2.12, all amounts owed hereunder with respect to the Initial Tranche B Term Loans shall be paid in full no later than the Maturity Date applicable to such Initial Tranche B Term Loans. Each Lender’s Initial Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Lender’s Initial Tranche B Term Loan Commitment on such date.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Lannett Co Inc), Credit and Guaranty Agreement (Lannett Co Inc)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make make, on the CCTP Closing Date, a Tranche A Term Loan on to the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower in Dollars in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Tranche A Term Loan up Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG B Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. The Borrower may make only two borrowings one borrowing under each of the Tranche A Term Loan Commitment (Commitments and the CCTP Tranche B Term Loan and the SPLNG Term Loan), Commitments which shall be on the CCTP Funding Date and the SPLNG Funding Closing Date. Any amount amounts borrowed under this Section 2.1(a2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.13(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Final Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s CCTP Commitment and/or Tranche Commitment and SPLNG Tranche B Term Loan Commitment shall terminate immediately and without further action on the CCTP Funding Date and SPLNG Funding Closing Date, respectively, in each case, upon and after giving effect to the funding in full of such Lender’s Tranche A Term Loan Lender’s Pro Rata Share of the requested and/or Tranche B Term Loan on such date.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Gen Probe Inc)

Loan Commitments. Subject to the terms and conditions hereof, (x) each Lender with an Initial Dollar Term Loan Lender Commitment severally agrees to make make, on the CCTP Closing Date, a Dollar Term Loan on to the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Initial Dollar Term Loan up Commitment and (y) each Lender with an Initial Pounds Sterling Term Loan Commitment severally agrees to make, on the Closing Date, an Initial Pounds Sterling Term Loan to the Borrower in an amount equal to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG Initial Pounds Sterling Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. The Borrower may make only two borrowings one borrowing under the Initial Dollar Term Loan Commitment (and only one borrowing under the CCTP Initial Pounds Sterling Term Loan and the SPLNG Term Loan)Commitment, which which, in each case, shall be on the CCTP Funding Date and the SPLNG Funding Closing Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.11(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.12, all amounts owed hereunder with respect to the Initial Term Loans shall be paid in full no later than the Final Maturity DateDate applicable to such Initial Term Loans. Each Lender’s Initial Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment shall terminate immediately and without further action on the CCTP Funding Closing Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Initial Term Loan Lender’s Pro Rata Share of the requested Term Loan Commitment on such date.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Concordia International Corp.), Credit and Guaranty Agreement (Concordia Healthcare Corp.)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make make, on the CCTP Closing Date, a Term Loan on the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date A to Borrower Company in an amount equal to such Lender’s Pro Rata Share of the requested CCTP 's Term Loan up A Commitment; and (ii) each Lender severally agrees to make, after the Closing Date and at any time prior to the Term Loan B Commitment Termination Date a Term Loan B to Company in an amount equal to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG 's Term Loan up to such Lender’s SPLNG Tranche B Commitment, respectively. Borrower Company may make only two borrowings one borrowing under the Term Loan A Commitment (the CCTP Term Loan and the SPLNG Term Loan), which shall be on the CCTP Funding Closing Date. Company may make only one borrowing under the Term Loan B Commitment, which may be made at any time from the Business Day after the Closing Date until the Term Loan B Commitment Termination Date and the SPLNG Funding Dateproceeds of which shall be used solely to fund the cash consideration for Approved Acquisitions. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments) 2.11, 2.12 and 2.13 (Mandatory Prepayments; Commitment Termination)2.13, all amounts owed hereunder with respect to the Term Loans Loan A and the Term Loan B shall be paid in full no later than the Final Term Loan A Maturity Date and the Term Loan B Maturity Date, respectively. Each Lender's Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche A Commitment shall terminate immediately and without further action on the CCTP Funding Closing Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender's Term Loan Lender’s Pro Rata Share of the requested Term Loan A Commitment, if any, on such date. Each Lender's Term Loan B Commitment shall terminate immediately and without further action on the earlier of (x) the Term Loan B Commitment Termination Date and (y) the date on which the Term Loan B is funded (after giving effect to the funding of such Lender's Term Loan B Commitment, if any).

Appears in 1 contract

Sources: Financing Agreement (Global Geophysical Services Inc)

Loan Commitments. Subject to the terms and conditions hereof, (x) each Term Loan Lender severally agrees to make the CCTP Term Loan make, on the CCTP Funding Date and the SPLNG Third Restatement Date, Tranche B Term Loan on the SPLNG Funding Date Loans in Dollars to Borrower in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Tranche B Term Loan up to such Lender’s CCTP Tranche Commitment Commitment. and such Lender’s Pro Rata Share of (y) the requested SPLNG Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Loan up Lender agrees to such Lender’s SPLNG make, on the Amendment No. 16 Effective Date, a Tranche Commitment, respectively. Borrower may make only two borrowings under the B Term Loan in Dollars to Borrower in an amount equal to the Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Commitment (the CCTP Term Loan and the SPLNG Term Loan), which shall be on the CCTP Funding Date and the SPLNG Funding DateAmount. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.13(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Final Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche B Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment shall terminate immediately and without further action on the CCTP Funding Third Restatement Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Tranche B Term Loan Commitment on such date. The Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Loan Lender’s Pro Rata Share Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Commitment shall terminate immediately and without further action on the Amendment No. 16 Effective Date after giving effect to the funding of the requested such Lender’s Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make make, on the CCTP Closing Date, a Tranche A Term Loan on the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower Company in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Tranche A Term Loan up Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, Tranche A-1 Term Loan to SPV in an amount equal to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG A-1 Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. Borrower The Applicable Borrowers may make only two borrowings one borrowing under each of the Tranche A Term Loan Commitment (and the CCTP Tranche A-1 Term Loan and the SPLNG Term Loan), Commitment which shall be on the CCTP Funding Closing Date. The aggregate principal amount of Term Loans borrowed by the Borrowers on the Closing Date and the SPLNG Funding Datemust be $150,000,000. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments) 2.11 and 2.13 (Mandatory Prepayments; Commitment Termination)2.12, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche A-1 Term Loans shall be paid in full no later than the Final Tranche A Term Loan Maturity Date and the Tranche A-1 Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche A-1 Term Loan Commitment shall terminate immediately and without further action on the CCTP Funding Closing Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Tranche A Term Loan Lender’s Pro Rata Share of the requested Commitment and Tranche A-1 Term Loan Commitment, if any, on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make make, on the CCTP Closing Date, a Tranche A Term Loan on to the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower Companies in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Tranche A Term Loan up Commitment. (ii) each Lender severally agrees to make at any time prior to the MDTL Commitment Termination Date one or more MDTL Term Loans to the Companies in an aggregate amount equal to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG Term Loan up to such Lender’s SPLNG Tranche MDTL Commitment, respectively. Borrower The Companies may make only two borrowings one borrowing under the Tranche A Term Loan Commitment (the CCTP Term Loan and the SPLNG Term Loan), which shall be on the CCTP Funding Date and the SPLNG Funding Closing Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.11(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.12, all amounts owed hereunder with respect to the Tranche A Term Loans and MDTL Term Loans shall be paid in full no later than on the Final Tranche A Term Loan Maturity Date and MDTL Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment shall terminate immediately and without further action on the CCTP Funding Closing Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Tranche A Term Loan Commitment, if any, on such date. Each Lender’s Pro Rata Share MDTL Commitment shall terminate immediately and without further action on the MDTL Commitment Termination Date after giving effect to the funding of the requested Term Loan such Lender’s MDTL Commitment, if any, on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make make, on the CCTP Closing Date and on the Restatement Date, Tranche A Term Loans to the Companies an aggregate amount not to exceed such Lender’s Tranche A Term Loan Commitment; (ii) each Lender severally agrees to make, on the CCTP Funding Date and the SPLNG Restatement Date, a Tranche B Term Loan on to the SPLNG Funding Date to Borrower Companies in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Tranche B Term Loan up Commitment; and (iii) each Lender severally agrees to make at any time prior to the MDTL Commitment Termination Date one or more MDTL Term Loans to the Companies in an aggregate amount equal to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG Term Loan up to such Lender’s SPLNG Tranche MDTL Commitment, respectively. Borrower The Companies may make only two borrowings under the Tranche A Term Loan Commitment (on the CCTP Closing Date and Restatement Date and only one borrowing under the Tranche B Term Loan and the SPLNG Term Loan), Commitment which shall be on the CCTP Funding Date and the SPLNG Funding Restatement Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.11(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.12, all amounts owed hereunder with respect to the Tranche A Term Loans, Tranche B Term Loans and MDTL Term Loans shall be paid in full no later than on the Final Tranche A Term Loan Maturity Date, Tranche B Term Loan Maturity Date and MDTL Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche B Term Loan Commitment shall terminate immediately and without further action on the CCTP Funding Restatement Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding of such Lender’s Tranche A Term Loan Commitment and such Lender’s Tranche B Term Loan Commitment, if any, on such date. Each Lender’s MDTL Commitment shall terminate immediately and without further action on the MDTL Commitment Termination Date after giving effect to the funding of such Lender’s MDTL Commitment, if any, on such date. The Companies acknowledge and agree that (A) on the Closing Date, the Lenders severally made “Tranche A Term Loans” (as defined in full the Prior Credit Agreement) in an aggregate principal amount equal to $40,000,000 (“Existing Tranche A Term Loans”), (B) as of the Restatement Date, the aggregate outstanding principal amount of the Tranche A Term Loans is equal to $40,000,000, and (C) the outstanding balance of such Existing Tranche A Term Loans shall continue to be outstanding hereunder as Tranche A Term Loans. After the amendment and restatement of the Prior Credit Agreement is given effect, an additional Tranche A Term Loan consisting of $25,500,000 aggregate principal amount of such Term Loan Lender’s Pro Rata Share of shall be advanced on the requested Term Loan on such dateRestatement Date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make the CCTP Term Loan make, on the CCTP Funding Date and the SPLNG Restatement Date, Initial Draw Tranche A Term Loan on the SPLNG Funding Date Loans in Dollars to Borrower in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Initial Draw Tranche A Term Loan up Commitment; and (ii) each Lender severally agrees to make, on each Delayed Draw Funding Date, Delayed Draw Term Loans in Dollars to Borrower in an amount not to exceed such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG Term Loan up to such Lender’s SPLNG Tranche Delayed Draw Commitment, respectively. Borrower may make only two borrowings one borrowing under the Initial Draw Tranche A Term Loan Commitment (the CCTP Term Loan and the SPLNG Term Loan)Commitments, which shall be on the CCTP Restatement Date. Borrower may make up to three (3) borrowings each in a minimum amount of no less than $50,000,000 under the Delayed Draw Commitments, which shall be on the Delayed Draw Funding Date and the SPLNG Funding DateDates. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.13(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.14, all amounts owed hereunder with respect to the Tranche A Term Loans shall be paid in full no later than the Final Tranche A Term Loan Maturity Date. Each Lender’s Initial Draw Tranche A Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment shall terminate immediately and without further action on the CCTP Funding Restatement Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Initial Draw Tranche A Term Loan Commitment on such date. Each Lender’s Pro Rata Share Delayed Draw Commitment shall terminate immediately and without further action on the Delayed Draw Commitment Termination Date, regardless of the requested whether any Delayed Draw Term Loan Loans are made on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Loan Commitments. Subject to the terms and conditions hereof, immediately after the conversion described in Section 2.1(a), (i) each Lender with a Tranche A Term Loan Lender Commitment (other than Existing Lenders with Tranche A Term Loan Commitments) severally agrees to make by means of the CCTP purchase of part of the Term Loans from the Existing Lenders in accordance with Section 2.1(c), on the Effective Date, a Tranche A Term Loan on the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower in an amount equal to such Lender’s Pro Rata Share of the requested CCTP 's Tranche A Term Loan up to such Lender’s CCTP Commitment; and (ii) each Lender with a Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. Borrower may make only two borrowings under the B Term Loan Commitment (the CCTP other than Existing Lenders with Tranche B Term Loan and Commitments) severally agrees to make by means of the SPLNG purchase of part of the Term LoanLoans from the Existing Lenders in accordance with Section 2.1(c), which shall be on the CCTP Funding Date and the SPLNG Funding Effective Date. Any , a Tranche B Term Loan in an amount borrowed equal to such Lender's Tranche B Term Loan Commitment All Term Loans owing under this Section 2.1(a) Agreement and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments) 2.13 and 2.13 (Mandatory Prepayments; Commitment Termination)2.14, all amounts owed hereunder with respect to the Term Loans shall be paid in full no later than the Final applicable Term Loan Maturity Date. Each Lender's Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment shall terminate immediately and without further action on the CCTP Funding Effective Date and SPLNG Funding Date, respectively, in each case, after giving effect to Sections 2.1(a) and (b). Notwithstanding anything herein to the funding in full of such Term Loan Lender’s Pro Rata Share contrary, the Effective Date shall be the last day of the requested Interest Period applicable to the Existing Term Loan on such dateLoans current as at the date of this Agreement and Borrower shall select new Interest Periods as set forth in Section 2.8(b).

Appears in 1 contract

Sources: Credit and Guaranty Agreement (3com Corp)

Loan Commitments. Subject to the terms and conditions hereof, (i) each Lender with a Term Loan Lender Commitment to make Closing Date Term Loans severally agrees to make the CCTP a Closing Date Term Loan on the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower Company in an amount equal to such Lender’s Pro Rata Share of the requested CCTP 's Term Loan up Commitment for Closing Date Term Loans, (ii) NTL Delaware agrees to make a Delaware Term Loan to Company (with NCC as a co-obligor) in an amount equal to NTL Delaware's Term Loan Commitment, and (iii) each Lender with a Term Loan Commitment to make Deferred Draw Term Loans severally agrees to make a Deferred Draw Term Loan to Company in an amount equal to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG 's Term Loan up to such Lender’s SPLNG Tranche Commitment, respectivelyCommitment for Deferred Draw Term Loans. Borrower Company may only make only two borrowings under the Term Loan Commitment (the CCTP Term Loan and the SPLNG Term Loan), which shall be Commitments on the CCTP Funding Date and the SPLNG Funding Datedates set forth in clause (b) below. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments) 2.8 and 2.13 (Mandatory Prepayments; Commitment Termination)2.9, all amounts owed hereunder with respect to the Term Loans shall be paid in full no later than the Final Term Loan Maturity Date. Each Lender's Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment shall terminate be reduced immediately and without further action on each date of the CCTP Funding Date and SPLNG Funding Date, respectively, in each case, after giving effect funding of such Lender's Term Loan Commitment by an amount equal to the funding in full of such Term Loan Lender’s Pro Rata Share of the requested Term Loan amount so funded on such date.

Appears in 1 contract

Sources: Debtor in Possession Credit and Guaranty Agreement (NTL Delaware Inc)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make make, on the CCTP Closing Date, a Tranche A Term Loan on the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower Company in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Tranche A Term Loan up Commitment; (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to Company in an amount equal to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG B Term Loan up Commitment; and (iii) each Lender severally agrees to make, on the Closing Date, a Tranche C Term Loan to Company in an amount equal to such Lender’s SPLNG Tranche C Term Loan Commitment, respectively. Borrower Company may make only two borrowings one borrowing under each of the Tranche A Term Loan Commitments, Tranche B Term Loan Commitments and the Tranche C Term Loan Commitment (the CCTP Term Loan and the SPLNG Term Loan), which shall be on the CCTP Funding Date and the SPLNG Funding Closing Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.13(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.14, all amounts owed hereunder with respect to the Tranche A Term Loans, the Tranche B Term Loans and the Tranche C Term Loan shall be paid in full no later than the Final Tranche A Term Loan Maturity Date, the Tranche B Term Loan Maturity Date and the Tranche C Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s CCTP Commitment, Tranche B Term Loan Commitment and SPLNG Tranche C Term Loan Commitment shall terminate immediately and without further action on the CCTP Funding Closing Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Tranche A Term Loan Lender’s Pro Rata Share of the requested Commitment, Tranche B Term Loan Commitment and Tranche C Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Vought Aircraft Industries Inc)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make make, on the CCTP Closing Date, a Tranche A Term Loan on the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Tranche A Term Loan up Commitment; (ii) each Lender severally agrees to make, on the Closing Date, Tranche B Term Loans to Borrower in an amount equal to such Lender’s CCTP Initial Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG B Term Loan up Commitment, such Loans to be provided in two drawings: (x) the Initial Draw Tranche B Term Loans and (y) the Second Draw Tranche B Term Loans; and (iii) each Lender severally agrees to make, on the Delayed Draw Funding Date, a Delayed Draw Term Loan to Borrower in an amount equal to such Lender’s SPLNG Tranche Delayed Draw Commitment, respectively. The Borrower may make only two borrowings one borrowing under the Tranche A Term Loan Commitment (the CCTP Term Loan and the SPLNG Term Loan)Commitments, which shall be on the CCTP Funding Date and Closing Date. The Borrower may make two borrowings under the SPLNG Initial Tranche B Term Loan Commitments, each of which shall be on the Closing Date. The Borrower may make only one borrowing under the Delayed Draw Commitments, which shall be on the Delayed Draw Funding Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.13(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Final Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s CCTP Tranche Commitment and SPLNG Initial Tranche B Term Loan Commitment shall terminate immediately and without further action on the CCTP Funding Closing Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Tranche A Term Loan Commitment and Initial Tranche B Term Loan Commitment on such date (which, for purposes of the termination of the Initial Tranche B Term Loan Commitments, shall include the funding of the Initial Draw Tranche B Term Loans and the Second Draw Tranche B Term Loans to be funded by such Lender thereunder). Each Lender’s Pro Rata Share Delayed Draw Commitment shall terminate immediately and without further action on the Delayed Draw Commitment Termination Date, regardless of the requested whether any Delayed Draw Term Loan Loans are made on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Valeant Pharmaceuticals International)

Loan Commitments. (i) Subject to the terms and conditions of this Agreement, each of the Continuing Lenders agrees that the Existing Tranche E Term Loans made by such Lender under the Existing Credit Agreement in the amounts set forth in Schedule 2.1A shall remain outstanding on and after the Effective Date as Tranche F Term Loans made pursuant to this Agreement and such Term Loans shall on and after the Effective Date have all of the rights and benefits of Tranche F Term Loans as set forth in this Agreement and the other Loan Documents. (ii) Subject to the terms and conditions hereof, each Term Loan Lender severally agrees to make make, on the CCTP Effective Date, a Tranche F Term Loan on the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower Company in an amount equal to such Lender’s Pro Rata Share of the requested CCTP 's Tranche F Term Loan up to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. Borrower Company may make only two borrowings one borrowing under the Tranche F Term Loan Commitment (the CCTP Term Loan and the SPLNG Term Loan), which shall be on the CCTP Funding Date and the SPLNG Funding Effective Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments) and 2.13 (Mandatory Prepayments; Commitment Termination)2.13, all amounts owed hereunder with respect to the Tranche F Term Loans shall be paid in full no later than the Final Tranche F Term Loan Maturity Date. Each Lender's Tranche F Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment shall terminate immediately and without further action on the CCTP Funding Effective Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender's Tranche F Term Loan Lender’s Pro Rata Share of the requested Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Vca Antech Inc)

Loan Commitments. Subject to the terms and conditions hereof, each Term Loan , (i) Each applicable Continuing Lender severally agrees that the Existing Term Loans made by such Continuing Lender under the Existing First Lien Credit Agreement shall remain outstanding on an after the Effective Date as “Tranche C Term Loans” made pursuant to make this Agreement in the CCTP same pro rata amount of such Continuing Lender’s Pro Rata Share of the Existing Term Loans and such Existing Term Loans shall on and after the Effective Date have all of the rights and benefits of Tranche C Term Loans as set forth in this Agreement and the other Credit Documents. (ii) Each Lender having a Tranche C Term Loan Commitment (other than a Continuing Lender except with respect to any amount of Tranche C Term Loan Commitment of such Continuing Lender in excess of the amount converted from Existing Term Loans pursuant to clause (i) above) severally agrees to lend to Company on the CCTP Funding Date and the SPLNG Effective Date, a Tranche C Term Loan on the SPLNG Funding Date to Borrower in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Tranche C Term Loan up to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. Borrower Company may make only two borrowings one borrowing under the Tranche C Term Loan Commitment (the CCTP Term Loan and the SPLNG Term Loan), which shall be on the CCTP Funding Date and the SPLNG Funding Effective Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.13(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.14, all amounts owed hereunder with respect to the Tranche C Term Loans shall be paid in full no later than the Final Tranche C Term Loan Maturity Date, respectively. Each Lender’s Tranche C Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment shall terminate immediately and without further action on the CCTP Funding Effective Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Tranche C Term Loan Lender’s Pro Rata Share of the requested Term Loan Commitment on such date.

Appears in 1 contract

Sources: First Lien Credit and Guaranty Agreement (Telvent Git S A)

Loan Commitments. Subject to the terms and conditions hereof, each Term Loan Lender severally agrees to make make, on the CCTP Closing Date, (A) a Dollar Tranche B Term Loan on to the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to U.S. Borrower in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Dollar Tranche B Term Loan up Commitment and (B) a Euro Tranche B Term Loan to the Spanish Borrower in an amount equal to such Lender’s CCTP Euro Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG B Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. Borrower The Borrowers may make only two borrowings one borrowing under each of the Dollar Tranche B Term Loan Commitment (Commitments and the CCTP Euro Tranche B Term Loan and the SPLNG Term Loan)Commitments, which shall be on the CCTP Funding Date Closing Date. Each Lender may, at its option, make any Term Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Term Loan; provided, that (i) respect to a Lender under the Euro Tranche B Term Loan that is a Spanish Qualifying Lender, such branch or Affiliate qualifies as a Spanish Qualifying Lender, and (ii) any exercise of such option shall not affect in any manner the SPLNG Funding Dateobligation of the applicable Borrower to repay such Term Loan in accordance with the terms of this Agreement. Any amount borrowed under this Section 2.1(a2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.13(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.14, all amounts owed hereunder with respect to the Dollar Tranche B Term Loans and the Euro Tranche B Term Loans shall be paid in full no later than the Final Dollar Tranche B Term Loan Maturity Date and the Euro Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche B Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment Commitments shall terminate immediately and without further action on the CCTP Funding Closing Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Tranche B Term Loan Lender’s Pro Rata Share of the requested Term Loan Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols SA)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make make, at any time prior to the CCTP Term Loan on the CCTP Funding Date and the SPLNG Commitment Termination Date, a Tranche A Term Loan on the SPLNG Funding Date to Borrower Company in an amount equal not to exceed such Lender’s Pro Rata Share of the requested CCTP Tranche A Term Loan up Commitment; and (ii) each Lender severally agrees to make, on the Closing Date and on the date that the Tranche A Term Loan is made, a Tranche B Term Loan to Company in an aggregate amount not to exceed such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG B Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. Borrower Company may make only one borrowing under the Tranche A Term Loan Commitment which shall be at any time prior to the Term Loan Commitment Termination Date. Company may make a maximum of two borrowings under the Tranche B Term Loan Commitment (Commitment, which, in the CCTP case of the initial Tranche B Term Loan and the SPLNG Term Loan)borrowing, which shall be on the CCTP Funding Closing Date and in an aggregate amount equal to $27,500,000, and, in the SPLNG Funding Datecase of the second Tranche B Term Loan borrowing, shall be on the date that the Tranche A Term Loan is made. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments) 2.11 and 2.13 (Mandatory Prepayments; Commitment Termination)2.12, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Final Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche Commitment shall terminate immediately and without further action on the CCTP Funding Term Loan Commitment Termination Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender’s Term Loan Lender’s Pro Rata Share of the requested Term Loan Commitment, if any, on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Granite Broadcasting Corp)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make make, on the CCTP Closing Date, a Tranche A Term Loan on to the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to Borrower Borrowers in an amount equal to such Lender’s Pro Rata Share of the requested CCTP 's Tranche A Term Loan up Commitment; and CREDIT AND GUARANTY AGREEMENT EXECUTION (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the Borrowers in an amount equal to such Lender’s CCTP 's Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG B Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. Borrower The Borrowers may make only two borrowings one borrowing under each of the Tranche A Term Loan Commitment (the CCTP and Tranche B Term Loan and the SPLNG Term Loan), Commitment which shall be on the CCTP Funding Date and the SPLNG Funding Closing Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.13(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Final Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender's Tranche A Term Loan Lender’s CCTP Tranche Commitment and SPLNG Tranche B Term Loan Commitment shall terminate immediately and without further action on the CCTP Funding Closing Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of such Lender's Tranche A Term Loan Lender’s Pro Rata Share of the requested Commitment and Tranche B Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (International Steel Group Inc)

Loan Commitments. Subject to the terms and conditions hereof, , (i) each Term Loan Lender severally agrees to make make, on the CCTP Closing Date, a Tranche A Term Loan on to the CCTP Funding Date and the SPLNG Term Loan on the SPLNG Funding Date to U.S. Borrower in an amount equal to such Lender’s Pro Rata Share of the requested CCTP Tranche A Term Loan up Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, a Tranche B Term Loan to the U.S. Borrower in an amount equal to such Lender’s CCTP Tranche Commitment and such Lender’s Pro Rata Share of the requested SPLNG B Term Loan up to such Lender’s SPLNG Tranche Commitment, respectively. The U.S. Borrower may make only two borrowings one borrowing under each of the Tranche A Term Loan Commitment (the CCTP Commitments and Tranche B Term Loan and the SPLNG Term Loan), Commitments which shall be on the CCTP Funding Date and the SPLNG Funding Closing Date. Any amount borrowed under this Section 2.1(a2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.12(a) (Voluntary Prepayments2.13(a) and 2.13 (Mandatory Prepayments; Commitment Termination)2.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Final Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s CCTP Commitments and Tranche Commitment and SPLNG Tranche Commitment B Term Loan Commitments shall terminate immediately and without further action on the CCTP Funding Closing Date and SPLNG Funding Date, respectively, in each case, after giving effect to the funding in full of NY\5627635.16 such Lender’s Tranche A Term Loan Lender’s Pro Rata Share of the requested Commitments and Tranche B Term Loan Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (PVH Corp. /De/)