Loan Commitments. (i) Subject to the terms and conditions hereof, each Tranche A-1 Term Lender severally agrees to make, on the Closing Date, a Tranche A-1 Term Loan to Lead Borrower for the account of the Borrowers or to any other Borrower designated by the Lead Borrower in an amount equal to such Lender’s Tranche A-1 Term Commitment. (ii) Subject to the terms and conditions hereof, each Tranche A-2 Term Lender severally agrees to make, on the Closing Date, a Tranche A-2 Term Loan to Lead Borrower for the account of the Borrowers in an amount equal to such Lender’s Tranche A-2 Term Commitment. Lead Borrower may only request one borrowing under the Term Loan Commitment which shall be on the Closing Date. Any amount borrowed under this Section 2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Section 2.11 and Section 2.12, all amounts owed hereunder with respect to the Term Loan shall be paid in full no later than the Maturity Date. Each Lender’s Term Loan Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Lender’s Term Loan Commitment on such date.
Appears in 3 contracts
Sources: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.), Subordination Agreement (Franchise Group, Inc.)
Loan Commitments. (i) Subject to the terms and conditions hereof, (i) each Tranche A-1 Lender existing on the Closing Date made a Term Loan to the Company on the Closing Date, and (ii) each Additional Term Loan Lender has, pursuant to the Term Loan Joinder Agreement, severally agrees agreed to make, on the Closing Second Amendment Effective Date, a Tranche A-1 an Additional Term Loan to Lead Borrower for the account of the Borrowers or to any other Borrower designated by the Lead Borrower Company in an amount equal to such Lender’s Tranche A-1 Term Commitment.
(ii) Subject to the terms and conditions hereof, each Tranche A-2 Term Lender severally agrees to make, on the Closing Date, a Tranche A-2 Additional Term Loan to Lead Borrower for the account of the Borrowers Commitment as set forth in an amount equal to such Lender’s Tranche A-2 Term Commitment. Lead Borrower may only request one borrowing under the Term Loan Commitment which shall be on the Closing DateJoinder Agreement. Any amount borrowed under this Section 2.01(a2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Section 2.11 Sections 2.11, 2.12 and Section 2.122.13, (i) all amounts owed hereunder with respect to the Term Loan Loans (other than the Additional Term Loans) shall be paid in full no later than the Maturity Date and (ii) all amounts owed hereunder with respect to the Additional Term Loans shall be paid in full no later than the Additional Term Loan Maturity Date. Each Lender’s Additional Term Loan Commitment shall terminate immediately and without further action on the Closing Second Amendment Effective Date after giving effect to the funding of such Lender’s Additional Term Loan Commitment pursuant to the Term Loan Joinder Agreement on such date.
Appears in 3 contracts
Sources: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)
Loan Commitments. (i) Subject to the terms and conditions hereof, :
(i) each Lender holding a Tranche A-1 B-1 Term Lender Loan Commitment severally agrees to make, on the Closing Date, a Tranche A-1 B-1 Term Loan to Lead Borrower for the account of the Borrowers or to any other Borrower designated by the Lead Borrower in an amount equal to such Lender’s Tranche A-1 B-1 Term Loan Commitment.; and
(ii) Subject to the terms and conditions hereof, each Lender holding a Tranche A-2 B-2 Term Lender Loan Commitment severally agrees to make, on the Closing Date, a Tranche A-2 B-2 Term Loan to Lead Borrower for the account of the Borrowers in an amount equal to such Lender’s Tranche A-2 B-2 Term Loan Commitment. Lead Borrower may make only request one borrowing under each of the Tranche B-1 Term Loan Commitment and Tranche B-2 Term Loan Commitment which shall be on the Closing Date. Any amount borrowed under this Section 2.01(a) 2.1 and subsequently repaid or prepaid may not be reborrowed. Subject to Section 2.11 Sections 2.10 and Section 2.122.11, all amounts owed hereunder with respect to the Term Loan Loans shall be paid in full no later than the Maturity Date. Each Lender’s Term Loan Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Lender’s Term Loan Commitment on such date.
Appears in 2 contracts
Sources: Senior Secured Super Priority Debtor in Possession and Exit Credit and Guaranty Agreement (Tronox Inc), Senior Secured Super Priority Debtor in Possession and Exit Credit and Guaranty Agreement
Loan Commitments. (i) Subject to the terms and conditions hereof, each Tranche A-1 Term Lender severally agrees to make, (x) on the Closing Date, a Tranche A-1 Term Loan to Lead Borrower for the account of the Borrowers or to any other Borrower designated by the Lead Borrower in an amount equal to such Lender’s Tranche A-1 Term Commitment.
First Installment Commitment (iithe “First Installment Loan”) Subject to the terms and conditions hereof, each Tranche A-2 Term Lender severally agrees to make, (y) on the Closing Second Installment Date, a Tranche A-2 Term Loan to Lead the Borrower for the account of the Borrowers in an amount equal to such Lender’s Tranche A-2 Term CommitmentSecond Installment Commitment (the “Second Installment Loan” and, together with the First Installment Loan, collectively, the “Loans” and each a “Loan”). Lead The Borrower may make only request one borrowing under the Term Loan First Installment Commitment which shall be on the Closing Date and only one borrowing under the Second Installment Commitment which shall be on the Second Installment Date. Any amount borrowed under this Section 2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Section 2.11 and Section 2.122.06, all amounts owed hereunder with respect to the Term Loan Loans shall be paid Paid in full Full no later than the Maturity Date. Each Lender’s Term Loan First Installment Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Lender’s Term Loan First Installment Commitment on such date and each Lenders Second Installment Commitment shall terminate immediately and without further action on the Second Installment Date after giving effect to the funding of such Lender’s Second Installment Commitment on such date.
Appears in 2 contracts
Sources: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)
Loan Commitments. (i) Subject to the terms and conditions hereof, each Tranche A-1 Term Lender severally agrees to make, (i) on the Closing Date, a Tranche A-1 Term Loan Loanterm loans to Lead Borrower for the account of the Borrowers or to any other Borrower designated by the Lead Borrower in an amount equal to such Lender’s Tranche A-1 Closing Date Term Commitment.
Loan Commitment (the “Closing Date Term Loan”) and (ii) Subject to the terms and conditions hereof, each Tranche A-2 Term Lender severally agrees to make, on the First Amendment Closing Date, a Tranche A-2 Term Loan term loans to Lead Borrower for the account of the Borrowers in an amount equal to such Lender’s Tranche A-2 First Amendment Term CommitmentLoan Commitment (the “First Amendment Term Loan”). Lead Borrower may only request one borrowing borrowingtwo borrowings under the Term Loan Commitment Commitment, one of which shall be on the Closing Date and the other of which shall be on the First Amendment Closing Date. Any amount borrowed under this Section 2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Section 2.11 and Section 2.12, all amounts owed hereunder with respect to the Term Loan shall be paid in full no later than the Maturity Date. Each Lender’s Term Loan Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Lender’s Term Loan Commitment on such date.
Appears in 1 contract
Sources: Credit Agreement (Liberty Tax, Inc.)
Loan Commitments. (i) Subject to the terms and conditions hereof, each Tranche A-1 of the New Term Lender Loan Lenders severally agrees agrees, pursuant to makethe Second Amendment, to make on the Closing Date, Second Amendment Effective Date a Tranche A-1 New Term Loan to Lead Borrower for the account of the Borrowers or to any other Borrower designated by the Lead Borrower Company in an amount equal to such its New Term Loan Commitment; provided that each Continuing Lender having a New Term Loan Commitment shall make New Term Loans on the Second Amendment Effective Date by exchanging its Existing Term Loans for New Term Loans in the manner contemplated by this Section 2.1 and by the Second Amendment. If any Continuing Lender’s Tranche A-1 Term Commitment.
(ii) Subject to the terms and conditions hereof, each Tranche A-2 Term Lender severally agrees to make, on the Closing Date, a Tranche A-2 New Term Loan to Lead Borrower for Commitment is greater than the account amount of the Borrowers in an amount equal to its Existing Term Loans, such Lender’s Tranche A-2 Term CommitmentContinuing Lender shall comply with Section 2.1(b)(ii). Lead Borrower Company may make only request one borrowing under the New Term Loan Commitment Commitments which shall be made on the Closing Second Amendment Effective Date. Any amount borrowed under this Section 2.01(a2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Section 2.11 Sections 2.12, 2.13(a) and Section 2.122.14, all amounts owed hereunder with respect to the New Term Loan Loans shall be paid in full no later than the Term Loan Maturity Date. Each Lender’s New Term Loan Commitment shall terminate immediately and without further action on the Closing Second Amendment Effective Date after giving effect to the funding of such Lender’s New Term Loan Commitment on such date.
Appears in 1 contract
Loan Commitments. (i) Revolving Credit Commitments. Subject to the terms and conditions hereofset forth herein, each Tranche A-1 Term Lender severally agrees to make, on the Closing Datemake loans (each such loan, a Tranche A-1 Term Loan “Revolving Credit Loan”) to Lead Borrower the Borrowers from time to time during the Availability Period for the account of the Borrowers or to any other Borrower designated by the Lead Borrower Revolving Credit Facility, in an aggregate amount equal not to exceed at any time outstanding the lesser of (i) the amount of such Lender’s Tranche A-1 Term Revolving Credit Commitment.
, or (ii) Subject such Lender’s Applicable Revolving Credit Percentage of the Borrowing Base; provided, however, that after giving effect to any Revolving Credit Borrowing, (A) the Total Revolving Credit Outstandings shall not exceed Maximum Borrowing Amount, and (B) the Revolving Credit Exposure of each Lender shall not exceed such Lender’s Revolving Credit Commitment. All Revolving Credit Loans outstanding from time to time up to the FILO Amount shall be deemed to be outstanding FILO Loans for all purposes under this Agreement. Within such limits and subject to the other terms and conditions hereof, each Tranche A-2 Term Lender severally agrees to make, on the Closing Date, a Tranche A-2 Term Loan to Lead Borrower for the account of the Borrowers in an amount equal to such Lender’s Tranche A-2 Term Commitment. Lead Borrower may only request one borrowing under the Term Loan Commitment which shall be on the Closing Date. Any amount borrowed borrow under this Section 2.01(a) ), prepay under Section 2.06(a), and subsequently repaid or prepaid may not be reborrowedreborrow under this Section 2.01(a). Subject The Administrative Agent shall have the right, at any time and from time to Section 2.11 time on and Section 2.12, all amounts owed hereunder with respect to the Term Loan shall be paid in full no later than the Maturity Date. Each Lender’s Term Loan Commitment shall terminate immediately and without further action on after the Closing Date after giving effect in its Permitted Discretion to the funding of such Lender’s Term Loan Commitment on such dateestablish, modify or eliminate Reserves.
Appears in 1 contract
Sources: Credit Agreement (Roadrunner Transportation Systems, Inc.)
Loan Commitments. (i) Subject to the terms and conditions hereof, ,
(i) each Lender with a Tranche A-1 B-1 Term Lender Loan Commitment severally agrees to make, on the Closing Date, a Tranche A-1 B-1 Term Loan to Lead Borrower for the account of the Borrowers or to any other Borrower designated by the Lead Borrower Company in an amount equal to such Lender’s Tranche A-1 B-1 Term Loan Commitment.; and
(ii) Subject to the terms and conditions hereof, each Lender with a Tranche A-2 B-2 Term Lender Loan Commitment severally agrees to make, on the Closing Date, a Tranche A-2 B-2 Term Loan to Lead Borrower for the account of the Borrowers Company in an amount equal to such Lender’s Tranche A-2 B-2 Term Loan Commitment. Lead Borrower The Company may make only request one borrowing under each of the Tranche B-1 Term Loan Commitment and Tranche B-2 Term Loan Commitment which shall be on the Closing Date. Any amount Amounts borrowed under this Section 2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Section 2.11 and Section 2.122.09, all amounts owed hereunder with respect to the Tranche B-1 Term Loan Loans and the Tranche B-2 Term Loans shall be paid in full no later than the Maturity DateDate applicable to such Term Loans. Each Lender’s Tranche B-1 Term Loan Commitment and Tranche B-2 Term Loan Commitment shall terminate immediately and without further action on the Closing Date and after giving effect to the funding of such Lender’s Tranche B-1 Term Loan Commitment and Tranche B-2 Term Loan Commitment on such date.
Appears in 1 contract
Loan Commitments. (i) Subject to the terms and conditions hereofof this Agreement, each Tranche A-1 Term Lender severally agrees to make, on the Closing Date, a Tranche A-1 Term Loan to Lead Borrower for the account of the Borrowers or Continuing Lenders agrees that the Tranche D 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 E Term Loans made pursuant to any this Agreement and such Term Loans shall on and after the Effective Date have all of the rights and benefits of Tranche E Term Loans as set forth in this Agreement and the other Borrower designated by the Lead Borrower in an amount equal to such Lender’s Tranche A-1 Term CommitmentLoan Documents.
(ii) Subject to the terms and conditions hereof, each Tranche A-2 Term Lender severally agrees to make, on the Closing Effective Date, a Tranche A-2 E Term Loan to Lead Borrower for the account of the Borrowers Company in an amount equal to such Lender’s 's Tranche A-2 E Term Loan Commitment. Lead Borrower Company may make only request one borrowing under the Tranche E Term Loan Commitment which shall be on the Closing Effective Date. Any amount borrowed under this Section 2.01(a2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Section 2.11 Sections 2.12(a) and Section 2.122.13, all amounts owed hereunder with respect to the Tranche E Term Loan Loans shall be paid in full no later than the Tranche E Term Loan Maturity Date. Each Lender’s 's Tranche E Term Loan Commitment shall terminate immediately and without further action on the Closing Effective Date after giving effect to the funding of such Lender’s 's Tranche E Term Loan Commitment on such date.
Appears in 1 contract
Loan Commitments. (i) Subject to the terms and conditions hereof, (i) each Tranche A-1 B-1 Term Loan Lender severally agrees to make, on the Closing Date, a Tranche A-1 B-1 Term Loan to Lead Borrower for the account of the Borrowers or to any other Borrower designated by the Lead Borrower in an amount equal to such Lender’s Tranche A-1 B-1 Term Commitment.
Loan Commitments and (ii) Subject to the terms and conditions hereof, each Tranche A-2 B-2 Term Loan Lender severally agrees to make, on the Closing Date, a Tranche A-2 B-2 Term Loan to Lead Borrower for the account of the Borrowers in an amount equal to such Lender’s Tranche A-2 B-2 Term CommitmentLoan Commitments. Lead Borrower may make only request one borrowing under each of the Tranche B-1 Term Loan Commitment and Tranche B-2 Term Loan Commitment which shall be on the Closing Date. Any amount borrowed under this Section 2.01(a2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Section 2.11 Sections 2.13(a) and Section 2.122.14, all amounts owed hereunder with respect to the Term Loan Loans shall be paid in full no later than the Tranche B Term Loan Maturity Date. Each Lender’s 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 Tranche B Term Loan Commitment on such date.
Appears in 1 contract
Loan Commitments. (i) Subject to the terms and conditions hereof, ,
(i) each Tranche A-1 Term Lender severally agrees to make, on the Closing Date, a Tranche A-1 A Term Loan to Lead Borrower for the account of the Borrowers or to any other Borrower designated by the Lead Borrower Company in an amount equal to such Lender’s 's Tranche A-1 A Term Loan Commitment.; and
(ii) Subject to the terms and conditions hereof, each Tranche A-2 Term Lender severally agrees to make, on the Closing Date, a Tranche A-2 B Term Loan to Lead Borrower for the account of the Borrowers Company in an amount equal to such Lender’s 's Tranche A-2 B Term Loan Commitment. Lead Borrower Company may make only request one borrowing under each of the Tranche A Term Loan Commitment and Tranche B Term Loan Commitment which shall be on the Closing Date. Any amount borrowed under this Section 2.01(a2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Section 2.11 Sections 2.12(a) and Section 2.122.13, all amounts owed hereunder with respect to the Tranche A Term Loan Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s 's Tranche A Term Loan Commitment and 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 's Tranche A Term Loan Commitment and Tranche B Term Loan Commitment on such date.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Veterinary Centers of America Inc)