Common use of Loan Commitments Clause in Contracts

Loan Commitments. (i) Subject to the terms and conditions hereof, each Lender severally agrees to make, on the Closing Date, an Initial Term Loan to Company in an amount not to exceed such Lender’s Initial Term Loan Commitment. Company may make only one borrowing under the Initial Term Loan Commitment which shall be on the Closing Date. Any amount borrowed under this Section 2.1(a)(i) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Initial Term Loans shall be paid in full no later than the Term Loan Maturity Date. Each Lender’s Initial 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 Term Loan Commitment on such date. (ii) Subject to the terms and conditions hereof, each Lender severally agrees to make, at any time during the Delayed Draw Term Loan Commitment Period, Delayed Draw Term Loans to Company in an amount not to exceed such Lender’s Delayed Draw Term Loan Commitment. Each Delayed Draw Term Loan shall be made in an aggregate minimum amount of $5,000,000 (or such lesser amount as shall constitute the aggregate amount of the remaining Delayed Draw Term Loan Commitment). Any amount borrowed under this Section 2.1(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Delayed Draw Term Loans shall be paid in full no later than the Term Loan Maturity Date. Each Lender’s Delayed Draw Term Loan Commitment shall (A) immediately and without further action reduce on each Credit Date by the amount of Delayed Draw Term Loans made by such Lender on such Credit Date and (B) terminate immediately and without further action on the earlier of the date on which the maximum permitted amount of Delayed Draw Term Loans are funded or the Delayed Draw Term Loan Commitment Termination Date.

Appears in 2 contracts

Sources: First Lien Credit and Guaranty Agreement (X Rite Inc), First Lien Credit and Guaranty Agreement (X Rite Inc)

Loan Commitments. (i) Subject to the terms and conditions hereof, each Lender severally agrees to make, on from time to time during the period from and including the Closing Date to but not including the earlier of (i) the Plant Completion Date and (ii) the second anniversary of the Closing Date, Term Loans to the Borrower in an Initial aggregate amount up to but not exceeding such Lender’s Commitment. The Borrower may not borrow Term Loan to Company Loans on the Closing Date in an amount in excess of the Initial Equity Contribution. The Borrower may not borrow Term Loans on any Credit Date occurring prior to the Plant Encumbrance Date if such borrowing would cause (after giving effect to such borrowing) the aggregate principal amount of the Term Loans outstanding on such Credit Date to exceed such Lender’s Initial Term Loan Commitment. Company may make only one borrowing under the Initial Equity Contribution. The Borrower may not borrow Term Loan Commitment which shall be Loans on any Credit Date until the Closing Datedate that the Aggregate Equity Contribution exceeds $24,300,000 (the “Equity Fulfillment Condition”) if such borrowing would cause (after giving effect to such borrowing) the aggregate principal amount of the Term Loans outstanding to exceed the Aggregate Equity Contribution. Upon and after the satisfaction of the Equity Fulfillment Condition, the Borrower may borrow the then remaining Commitments. Any amount borrowed under this Section 2.1(a)(i2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a2.13, 2.14(a) and 2.142.15, all amounts owed hereunder with respect to the Initial Term Loans shall be paid in full no later than the Maturity Date. On each Credit Date (including the Closing Date), each Lender’s Commitment shall be reduced immediately and without further action in the amount of the Term Loan Maturity Loans made on such Credit Date. Each Lender’s Initial 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 Term Loan Commitment on such date. (ii) Subject to the terms and conditions hereof, each Lender severally agrees to make, at any time during the Delayed Draw Term Loan Commitment Period, Delayed Draw Term Loans to Company in an amount not to exceed such Lender’s Delayed Draw Term Loan Commitment. Each Delayed Draw Term Loan shall be made in an aggregate minimum amount of $5,000,000 (or such lesser amount as shall constitute the aggregate amount of the remaining Delayed Draw Term Loan Commitment). Any amount borrowed under this Section 2.1(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Delayed Draw make additional Term Loans shall be paid in full no later than the Term Loan Maturity Date. Each Lender’s Delayed Draw Term Loan Commitment shall (A) immediately and without further action reduce on each Credit Date by the amount of Delayed Draw Term Loans made by such Lender on such Credit Date and (B) terminate immediately and without further action on the earlier of (i) the date on which Plant Completion Date and (ii) the maximum permitted amount second anniversary of Delayed Draw Term Loans are funded the Closing Date to the extent such Commitment is unused or the Delayed Draw Term Loan Commitment Termination Datenot otherwise terminated prior to such date.

Appears in 2 contracts

Sources: Senior Secured Delayed Draw Term Loan Credit Agreement (New Fortress Energy LLC), Senior Secured Delayed Draw Term Loan Credit Agreement (NFE Financial Holdings LLC)

Loan Commitments. (i) Subject to the terms and conditions hereof, , (i) each Lender severally agrees to make, on the Closing Date, an Initial a Term Loan A to Company Borrowers in an amount not equal to exceed such Lender’s Initial Term Loan 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, one or more Term Loan Bs to Borrowers in an aggregate amount equal to such Lender’s Term Loan B Commitment. Company Borrowers may make only one borrowing under the Initial Term Loan A Commitment which shall be on the Closing Date. Any amount borrowed under this Section 2.1(a)(i2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(aSection 2.11(a) and 2.14Section 2.12, all amounts owed hereunder with respect to the Initial Term Loans Loan A and the Term Loan B shall be paid in full no later than the Term Loan A Maturity Date and the Term Loan B Maturity Date, respectively. Each Lender’s Initial Term Loan A Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Lender’s Initial Term Loan Commitment A Commitment, if any, on such date. (ii) Subject to the terms and conditions hereof, each Lender severally agrees to make, at any time during the Delayed Draw Term Loan Commitment Period, Delayed Draw Term Loans to Company in an amount not to exceed such Lender’s Delayed Draw Term Loan Commitment. Each Delayed Draw Term Loan shall be made in an aggregate minimum amount of $5,000,000 (or such lesser amount as shall constitute the aggregate amount of the remaining Delayed Draw Term Loan Commitment). Any amount borrowed under this Section 2.1(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Delayed Draw Term Loans shall be paid in full no later than the Term Loan Maturity Date. Each Lender’s Delayed Draw Term Loan B Commitment shall (A) be permanently reduced immediately and without further action reduce on upon the funding of each Credit Term Loan B after the Closing Date by in an amount equal to such Lender’s Pro Rata Share (calculated in accordance with clause (b) of the amount definition thereof) of Delayed Draw such funded Term Loans made by such Lender on such Credit Date and (B) Loan B. Each Lender’s Term Loan B Commitment shall terminate immediately and without further action on the earlier to occur of (i) the date on which the maximum permitted amount of Delayed Draw Term Loans are funded or the Delayed Draw Term Loan B Maturity Date and (ii) the Term Loan B Commitment Termination DateDate after giving effect to the funding of such Lender’s Term Loan B Commitment, if any, on such date.

Appears in 1 contract

Sources: Financing Agreement (Metalico Inc)

Loan Commitments. (i) Subject to the terms and conditions hereof, (i) each Lender severally agrees to make (i) on the Closing Date a Tranche A Term Loan to Company in an amount equal to its Pro Rata Share of $150,000,000 and (ii) at any time prior to the Tranche A Commitment Termination Date, additional Tranche A Term Loans in an aggregate amount not to exceed such Lender's Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, an Initial subject to Section 2.23, a Tranche B Term Loan to Company in an amount not equal to exceed such Lender’s Initial 's Tranche B Term Loan Commitment. Company may make only one borrowing under the Initial Tranche B Term Loan Commitment which shall be on the Closing Date. Company may make one or more Tranche A Term Loan borrowings after the Closing Date and prior to the Tranche A Commitment Termination Date (each such borrowing date, a "Tranche A Subsequent Funding Date"). Any amount borrowed under this Section 2.1(a)(i2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a2.11(a) and 2.142.12, all amounts owed hereunder with respect to the Initial Tranche A Term 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 Initial '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 Initial Tranche B Term Loan Commitment on such date. (ii) Subject to the terms and conditions hereof, each Lender severally agrees to make, at any time during the Delayed Draw Term Loan Commitment Period, Delayed Draw Term Loans to Company in an amount not to exceed such Lender’s Delayed Draw Term Loan Commitment. Each Delayed Draw Term Loan shall be made in an aggregate minimum amount of $5,000,000 (or such lesser amount as shall constitute the aggregate amount of the remaining Delayed Draw Term Loan Commitment). Any amount borrowed under this Section 2.1(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Delayed Draw Term Loans shall be paid in full no later than the Term Loan Maturity Date. Each Lender’s Delayed Draw 's Tranche A Term Loan Commitment shall (A) immediately and without further action reduce on each Credit Date by the amount of Delayed Draw Term Loans made by such Lender on such Credit Date and (B) terminate immediately and without further action on the earlier of the date on which the maximum permitted amount of Delayed Draw Term Loans are funded or the Delayed Draw Term Loan Tranche A Commitment Termination Date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Nextlink Communications Inc /De/)

Loan Commitments. (i) Subject to the terms and conditions hereofin the Original Credit Agreement, the Term Loan Lenders made Initial Term Loans to the Borrower on the Closing Date in the original aggregate principal amount of $515,000,000. Subject to the terms and conditions set forth in the Original Credit Agreement and in the First Joinder Agreement, certain Term Loan Lenders made New Term Loans (as defined in the Original Credit Agreement) to the Borrower on the Increased Amount Date (as defined in the First Joinder Agreement). Subject to the terms and conditions set forth herein and in the Amendment Agreement, each New Term Loan Lender party to the Amendment Agreement severally agrees to make, on the Closing Amendment and Restatement Date, an Initial a New Term Loan to Company the Borrower in an amount not equal to exceed such Lender’s Initial Term Loan Commitment. Company may make only one borrowing under the Initial New Term Loan Commitment which as set forth in the Amendment Agreement. For the avoidance of doubt, as of the Amendment and Restatement Date, all New Term Loans made to the Borrower as described in this Section 2.1(a)(i) shall be on the Closing Date. deemed to be Initial Term Loans under this Agreement. (ii) Any amount borrowed under this Section 2.1(a)(i2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Initial Term Loans shall be paid in full no later than the Maturity Date applicable to such Initial Term Loans. The Initial Term Loan Maturity Commitments of the Lenders under the Original Credit Agreement terminated on the Closing Date. Each New Term Loan Lender’s Initial New Term Loan Commitment shall terminate immediately and without further action on the Closing Amendment and Restatement Date after giving effect to the funding of such New Term Loan Lender’s Initial New Term Loan Commitment on such date. (ii) Subject to the terms and conditions hereof, each Lender severally agrees to make, at any time during the Delayed Draw Term Loan Commitment Period, Delayed Draw Term Loans to Company in an amount not to exceed such Lender’s Delayed Draw Term Loan Commitment. Each Delayed Draw Term Loan shall be made in an aggregate minimum amount of $5,000,000 (or such lesser amount as shall constitute the aggregate amount of the remaining Delayed Draw Term Loan Commitment). Any amount borrowed under this Section 2.1(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Delayed Draw Term Loans shall be paid in full no later than the Term Loan Maturity Date. Each Lender’s Delayed Draw Term Loan Commitment shall (A) immediately and without further action reduce on each Credit Date by the amount of Delayed Draw Term Loans made by such Lender on such Credit Date and (B) terminate immediately and without further action on the earlier of the date on which the maximum permitted amount of Delayed Draw Term Loans are funded or the Delayed Draw Term Loan Commitment Termination Date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Nord Anglia Education, Inc.)

Loan Commitments. (i) Subject to the terms and conditions hereof, , (i) each Lender severally agrees to make, on the Closing DateRestatement Date and on two (2) additional Term Loan Draw Dates at any time during the Availability Period, an Initial a Tranche A Term Loan to Company the Borrower in Dollars in an amount not equal to exceed such Lender’s Initial Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Restatement Date and on two (2) additional Term Loan Draw Dates at any time during the Availability Period, a Tranche B Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche B Term Loan Commitment. Company If the Third Wave Merger is consummated on the Restatement Date, the Borrower may make only one borrowing under each of the Initial Tranche A Term Loan Commitment Commitments and the Tranche B Term Loan Commitments which shall be on the Closing Restatement Date. If the Third Wave Merger is not consummated on the Restatement Date, the Borrower may make (i) one borrowing under each of the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments on the Restatement Date and (ii) two additional borrowings during the Availability Period (each date on which such additional borrowing is made, a “Term Loan Draw Date”). Any amount amounts borrowed under this Section 2.1(a)(i2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Initial Tranche A Term 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 Initial Tranche A Term Loan Commitment and/or Tranche B Term Loan Commitment, as the case may be, shall be automatically reduced immediately and without further action on the Restatement Date and on each Term Loan Draw Date in the amount of such Lender’s Tranche A Term Loans and/or Tranche B Term Loans, as the case may be, funded on such date. The remaining amount of all unfunded Tranche A Term Loan Commitments and Tranche B Term Loan Commitments in effect on the Term Loan Commitment Termination Date shall terminate immediately and without further action on the Closing Date such date, after giving effect to the funding of such Lender’s Initial the Tranche A Term Loan Commitment Loans and/or Tranche B Term Loans, if any, on such date. (ii) Subject to the terms and conditions hereof, each Lender severally agrees to make, at any time during the Delayed Draw Term Loan Commitment Period, Delayed Draw Term Loans to Company in an amount not to exceed such Lender’s Delayed Draw Term Loan Commitment. Each Delayed Draw Term Loan shall be made in an aggregate minimum amount of $5,000,000 (or such lesser amount as shall constitute the aggregate amount of the remaining Delayed Draw Term Loan Commitment). Any amount borrowed under this Section 2.1(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Delayed Draw Term Loans shall be paid in full no later than the Term Loan Maturity Date. Each Lender’s Delayed Draw Term Loan Commitment shall (A) immediately and without further action reduce on each Credit Date by the amount of Delayed Draw Term Loans made by such Lender on such Credit Date and (B) terminate immediately and without further action on the earlier of the date on which the maximum permitted amount of Delayed Draw Term Loans are funded or the Delayed Draw Term Loan Commitment Termination Date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Hologic Inc)

Loan Commitments. (i) On the Closing Date, the Original Lenders made Tranche A Term Loans to the U.S. Borrower in an aggregate principal amount equal to $1,700,000,000 and Tranche B Term Loans to the U.S. Borrower in an aggregate principal amount equal to $1,375,000,000. On the Restatement Date, the Lenders made Tranche A Term Loans and Tranche B Term Loans to the U.S. Borrower in the amounts equal to their applicable First Amendment Tranche A Term Loan Commitments and First Amendment Tranche B Term Loan Commitments. Subject to the terms and conditions hereof, , (i) each Lender severally agrees to make, on the Closing RestatementSecond Amendment Date, an Initial a Second Amendment Incremental Tranche A Term Loan to Company the U.S. Borrower in an amount not equal to exceed such Lender’s Initial its FirstSecond Amendment Tranche A Term Loan Commitment; and(ii) each Lender severally agrees to make, on the Restatement Date, a Tranche B Term Loan to the U.S. Borrower in an amount equal to its First Amendment Tranche B Term Commitment. Company The U.S. Borrower may make only one borrowing under each of the First Amendment Tranche A Term Loan Commitments and the First Amendment Tranche B Term Loan Commitments, which shall be on the Restatement Date. The U.S. Borrower may make only one borrowing under the Initial Second Amendment Tranche A Term Loan Commitment which shall be on the Closing Second Amendment Date. Any amount borrowed under this Section 2.1(a)(i2.01(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Initial Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the applicable Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date, respectively. Each Lender’s Initial FirstSecond Amendment Tranche A Term Loan Commitment Commitments and First Amendment Tranche B Term Loan CommitmentsCommitment shall terminate immediately and without further action on the Closing RestatementSecond Amendment Date after giving effect to the funding of such Lender’s Initial Second Amendment Incremental Tranche A Term Loan Commitment Loans and Tranche B Term LoansLoan on such date. (ii) Subject to the terms and conditions hereof, each Lender severally agrees to make, at any time during the Delayed Draw Term Loan Commitment Period, Delayed Draw Term Loans to Company in an amount not to exceed such Lender’s Delayed Draw Term Loan Commitment. Each Delayed Draw Term Loan shall be made in an aggregate minimum amount of $5,000,000 (or such lesser amount as shall constitute the aggregate amount of the remaining Delayed Draw Term Loan Commitment). Any amount borrowed under this Section 2.1(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Delayed Draw Term Loans shall be paid in full no later than the Term Loan Maturity Date. Each Lender’s Delayed Draw Term Loan Commitment shall (A) immediately and without further action reduce on each Credit Date by the amount of Delayed Draw Term Loans made by such Lender on such Credit Date and (B) terminate immediately and without further action on the earlier of the date on which the maximum permitted amount of Delayed Draw Term Loans are funded or the Delayed Draw Term Loan Commitment Termination Date.

Appears in 1 contract

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

Loan Commitments. (i) Subject to the terms and conditions hereof, (x) each Lender severally agrees to make, on the Closing Third Restatement Date, an Initial Tranche B Term Loan Loans in Dollars to Company Borrower in an amount not equal to exceed such Lender’s Initial Term Loan Commitment. Company may make only one borrowing under the Initial Tranche B Term Loan Commitment which shall be and (y) the Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Loan Lender agrees to make, on the Closing Amendment No. 16 Effective Date, a Tranche B Term Loan in Dollars to Borrower in an amount equal to the Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Commitment Amount. Any amount borrowed under this Section 2.1(a)(i2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Initial Tranche A Term 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 Initial Tranche B Term Loan Commitment shall terminate immediately and without further action on the Closing Third Restatement Date after giving effect to the funding of such Lender’s Initial Tranche B Term Loan Commitment on such date. (ii) Subject to the terms and conditions hereof, each Lender severally agrees to make, at any time during the Delayed Draw . The Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Loan Commitment Period, Delayed Draw Term Loans to Company in an amount not to exceed such Lender’s Delayed Draw Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Loan Commitment. Each Delayed Draw Term Loan shall be made in an aggregate minimum amount of $5,000,000 (or such lesser amount as shall constitute the aggregate amount of the remaining Delayed Draw Term Loan Commitment). Any amount borrowed under this Section 2.1(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Delayed Draw Term Loans shall be paid in full no later than the Term Loan Maturity Date. Each Lender’s Delayed Draw Term Loan Commitment shall (A) immediately and without further action reduce on each Credit Date by the amount of Delayed Draw Term Loans made by such Lender on such Credit Date and (B) terminate immediately and without further action on the earlier Amendment No. 16 Effective Date after giving effect to the funding of such Lender’s Additional Series ▇-▇ ▇▇▇▇▇▇▇ ▇ Term Commitment on such date. (b) Borrowing Mechanics for Tranche B Term Loans on the Third Restatement Date. (i) Borrower shall deliver to Administrative Agent a fully executed Funding Notice for Tranche B Term Loans no later than three days prior to the Third Restatement Date. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the date proposed borrowings. - 57 - (ii) Each Lender shall make its Tranche B Term Loan available to Administrative Agent not later than 11:00 a.m. (New York City time) on which the maximum permitted Third Restatement Date, by wire transfer of same day funds in Dollars at the Principal Office designated by Administrative Agent. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Tranche B Term Loans available to Borrower on the Third Restatement Date by causing an amount of Delayed Draw Term same day funds in Dollars equal to the proceeds of all such Loans are funded received by Administrative Agent from Lenders to be credited to the account of Borrower, at the Principal Office designated by Administrative Agent or the Delayed Draw Term Loan Commitment Termination Dateto such other account as may be designated in writing to Administrative Agent by Borrower.

Appears in 1 contract

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

Loan Commitments. (i) Subject to the terms and conditions hereof, : (i) each Lender severally agrees to make, on the Closing Date, an Initial Term Loan to Company in an amount not equal to exceed such LenderL▇▇▇▇▇’s Initial Term Loan Commitment; and (ii) each Lender severally agrees to make, at any time after the Fourth Amendment Effective Date and prior to the Delayed Draw Commitment Termination Date one or more Delayed Draw Term Loans to Company in an aggregate amount not to exceed such L▇▇▇▇▇’s Delayed Draw Term Loan Commitment immediately prior to giving effect to any such Delayed Draw Term Loan. The Company may make only one borrowing under the Initial Term Loan Commitment Commitment, which shall be borrowing may only occur on the Closing Date. Company may make one or more borrowings of the Delayed Draw Term Loan Commitment, which borrowings may only occur during the Delayed Draw Commitment Period. Any amount borrowed under this Section 2.1(a)(i2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a2.11(a) and 2.142.13, all amounts owed hereunder with respect to the Initial Term Loans and the Delayed Draw Term Loans shall be paid Paid in full Full no later than the Initial Term Loan Maturity Date and the Delayed Draw Term Loan Maturity Date, respectively. Each Lender’s Initial Term Loan Commitment shall terminate immediately and fully without further action on the Closing Date after giving effect to by any Person upon the funding of such Lender’s Initial Term Loan Commitment on such date. (ii) Subject to the terms and conditions hereof, each Lender severally agrees to make, at any time during the Delayed Draw Term Loan Commitment Period, Delayed Draw Term Loans to Company in an amount not to exceed such Lender’s Delayed Draw Term Loan Commitment. Each Delayed Draw Term Loan shall be made in an aggregate minimum amount of $5,000,000 (or such lesser amount as shall constitute the aggregate amount of the remaining Delayed Draw Term Loan Commitment). Any amount borrowed under this Section 2.1(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Delayed Draw Term Loans shall be paid in full no later than the Term Loan Maturity Closing Date. Each Lender’s Delayed Draw Term Loan Commitment shall (Ax) immediately automatically and without further action reduce on each Credit Date permanently be reduced by the amount of each Delayed Draw Term Loans Loan made by such Lender on such Credit Date hereunder, and (By) terminate immediately and without further action by any Person on the earlier of the date on which the maximum permitted amount of Delayed Draw Term Loans are funded or the Delayed Draw Term Loan Commitment Termination Date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Loan Commitments. (i) Subject to the terms and conditions hereof, : each Lender severally agrees to makemake at any time after the Closing Date and prior to the Multi Draw Commitment Termination Date one or more Multi Draw Term Loans to Company in an aggregate amount not to exceed (i) in the case of the initial draw, $500,000 plus any Lender Transaction Costs, (ii) in the case of the second draw, $500,000 plus any Lender Transaction Costs, (iii) in the case of each subsequent draw, the amount set forth in the Budget including any Permitted Variance plus any Lender Transaction Costs and (iv) in the case of each draw, such Lender’s Multi Draw Term Loan Commitment immediately prior to giving effect to any such Multi Draw Term Loan. Company may make up to six (6) borrowings of the Multi Draw Term Loan Commitment, which borrowings may only occur during the Multi Draw Commitment Period; provided, that (i) the initial borrowing shall occur on the first Business Day following the Closing Date, an Initial Term Loan to Company in an amount not to exceed such Lender’s Initial Term Loan Commitment. Company may make only one (ii) the second borrowing under shall occur on or after April 1, 2019, (iii) the Initial Term Loan Commitment which third borrowing shall be occur on or after April 15, 2019, (iv) the Closing Datefourth borrowing shall occur on or after April 26, 2019, (v) the fifth borrowing shall occur on or after May 17, 2019 and (vi) the sixth borrowing shall occur on or after May 27, 2019. Any amount borrowed under this Section 2.1(a)(i2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.142.13, all amounts owed hereunder with respect to the Initial Multi Draw Term Loans shall be paid Paid in full Full no later than the Multi Draw Term Loan Maturity Date. Each Lender’s Initial 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 Term Loan Commitment on such date. (ii) Subject to the terms and conditions hereof, each Lender severally agrees to make, at any time during the Delayed Draw Term Loan Commitment Period, Delayed Draw Term Loans to Company in an amount not to exceed such Lender’s Delayed Draw Term Loan Commitment. Each Delayed Draw Term Loan shall be made in an aggregate minimum amount of $5,000,000 (or such lesser amount as shall constitute the aggregate amount of the remaining Delayed Draw Term Loan Commitment). Any amount borrowed under this Section 2.1(a)(ii) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to the Delayed Draw Term Loans shall be paid in full no later than the Term Loan Maturity Date. Each Lender’s Delayed Multi Draw Term Loan Commitment shall (Ax) immediately automatically and without further action reduce on each Credit Date permanently be reduced by the amount of Delayed each Multi Draw Term Loans Loan made by such Lender on such Credit Date hereunder, and (By) terminate immediately and without further action by any Person on the earlier of the date on which the maximum permitted amount of Delayed Multi Draw Term Loans are funded or the Delayed Draw Term Loan Commitment Termination Date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (REVA Medical, Inc.)