Common use of Loan Commitments Clause in Contracts

Loan Commitments. (i) Subject to the terms and conditions hereof, each “Term Loan Lender” severally agrees to make, or be deemed to make pursuant to this Section 2.1(a)(i), on the Funding Date, a Term Loan to Borrower in Dollars in an amount equal to such Lender’s Term Loan Commitment. Subject to the terms and conditions hereof and of the Cashless Roll Letter, each Original Term Lender that has elected in a Lender New Commitment (as defined in the Cashless Roll Letter) to exchange all or a portion of the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement for Term Loans hereunder agrees that the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement in a principal amount equal to the amount specified in the Lender New Commitment executed by such Original Term Lender (such amount, for each such Original Term Lender, the “Rolled Amount”) shall become and constitute, and have all the rights and benefits of, Term Loans as set forth in this Agreement and the other Credit Documents, in an equal principal amount. The conversion of Original Term Loans of an Original Term Lender shall be deemed to satisfy, dollar for dollar, such Original Term Lender’s Term Loan Commitment in an amount equal to the Rolled Amount of such Lender. Each Original Term Lender’s Term Loan Commitment shall terminate immediately and without further action on the Funding Date after giving effect to the conversion of such Lender’s Original Term Loan on the Funding Date; provided that, to the extent the Rolled Amount of Original Term Loans held by such Original Term Lender does not fully satisfy such Original Term Lender’s Term Loan Commitment, such Original Term Lender shall in addition to such conversion make a Term Loan to Borrower on the Funding Date pursuant to this Section 2.1(a)(i) in an amount equal to such shortfall. (ii) Borrower may make only one borrowing under the Term Loan Commitment which shall be on the Funding Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.14(a) and 2.15, all amounts owed hereunder with respect to the Term Loans shall be paid in full no later than the Term Loan Maturity Date applicable to such Term Loans. Each Term Loan Lender’s Term Loan Commitment shall terminate immediately and without further action on the Funding Date after giving effect to the funding in full of such Term Loan Lender’s Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Atlantic Power Corp)

Loan Commitments. (i) Subject to the terms and conditions hereof, , (i) each “Term Loan Lender” Lender severally agrees to make, or be deemed to make pursuant to this Section 2.1(a)(i), on the Funding Closing Date, a Tranche A Term Loan to the Foreign Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment. Subject ; and (ii) each Lender severally agrees to the terms and conditions hereof and of the Cashless Roll Lettermake, each Original Term Lender that has elected in a Lender New Commitment (as defined in the Cashless Roll Letter) to exchange all or a portion of the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement for Term Loans hereunder agrees that the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement in a principal amount equal to the amount specified in the Lender New Commitment executed by such Original Term Lender (such amount, for each such Original Term Lender, the “Rolled Amount”) shall become and constitute, and have all the rights and benefits of, Term Loans as set forth in this Agreement and the other Credit Documents, in an equal principal amount. The conversion of Original Term Loans of an Original Term Lender shall be deemed to satisfy, dollar for dollar, such Original Term Lender’s Term Loan Commitment in an amount equal to the Rolled Amount of such Lender. Each Original Term Lender’s Term Loan Commitment shall terminate immediately and without further action on the Funding Date after giving effect to the conversion of such Lender’s Original Term Loan on the Funding Closing Date; provided that, to the extent the Rolled Amount of Original Term Loans held by such Original Term Lender does not fully satisfy such Original Term Lender’s Term Loan Commitment, such Original Term Lender shall in addition to such conversion make (A) a U.S. Tranche B Term Loan to the U.S. Borrower on the Funding Date pursuant to this Section 2.1(a)(i) in an amount equal to such shortfall. Lender’s U.S. Tranche B Term Loan Commitment and (iiB) a Foreign Tranche B Term Loan to the Foreign Borrower in an amount equal to such Lender’s Foreign Tranche B Term Loan Commitment. The Borrowers may make only one borrowing under each of the Tranche A Term Loan Commitment Commitments, the U.S. Tranche B Term Loan Commitments and Foreign Tranche B Term Loan Commitments which shall be on the 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 2.14(a2.13(a) and 2.152.14, 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 Tranche A Term Loan Maturity Date applicable to such and the Tranche B Term LoansLoan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s Commitments and Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Funding Closing Date after giving effect to the funding in full of such Lender’s Tranche A Term Loan Lender’s Commitments and Tranche B Term Loan Commitment Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols SA)

Loan Commitments. (i) Subject to the terms and conditions hereof, , (i) (x) each “Term Loan Lender” applicable Continuing Lender severally agrees to make, or be deemed to make that the Existing Domestic Term Loans made by such Continuing Lender under the Existing First Lien Credit Agreement shall remain outstanding on an after the Effective Date as “Domestic Tranche C Term Loans” made pursuant to this Section 2.1(a)(i), on Agreement in the Funding Date, a Term Loan to Borrower in Dollars in an same pro rata amount equal to of such Continuing Lender’s Term Loan Commitment. Subject to the terms and conditions hereof and Pro Rata Share of the Cashless Roll Letter, each Original Term Lender that has elected in a Lender New Commitment (as defined in the Cashless Roll Letter) to exchange all or a portion of the Original Existing Domestic Term Loans held by and such Original Term Lender under the APLP Credit Agreement for Existing Domestic Term Loans hereunder agrees that shall on and after the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement in a principal amount equal to the amount specified in the Lender New Commitment executed by such Original Term Lender (such amount, for each such Original Term Lender, the “Rolled Amount”) shall become and constitute, and Effective Date have all of the rights and benefits of, of Domestic Tranche C Term Loans as set forth in this Agreement and the other Credit Documents, in an equal principal amount. The conversion of Original Term Loans of an Original Term Documents and (y) each Lender shall be deemed to satisfy, dollar for dollar, such Original Term Lender’s having a Domestic Tranche C Term Loan Commitment in an (other than a Continuing Lender except with respect to any amount equal to the Rolled Amount of such Lender. Each Original Term Lender’s Domestic Tranche C Term Loan Commitment shall terminate immediately and without further action of such Continuing Lender in excess of the amount converted from Existing Domestic Term Loans pursuant to clause (i)(x) above) severally agrees to lend to the U.S. Borrower in Dollars on the Funding Date after giving effect to the conversion of such Lender’s Original Effective Date, a Domestic Tranche C Term Loan on the Funding Date; provided that, to the extent the Rolled Amount of Original Term Loans held by such Original Term Lender does not fully satisfy such Original Term Lender’s Term Loan Commitment, such Original Term Lender shall in addition to such conversion make a Term Loan to Borrower on the Funding Date pursuant to this Section 2.1(a)(i) in an amount equal to such shortfall.Lender’s Tranche C Term Loan Commitment; (ii) (x) each applicable Continuing Lender severally agrees that the Existing European Term Loan A made by such Continuing Lender under the Existing First Lien Credit Agreement shall remain outstanding on an after the Effective Date as “European Term Loan C1” made pursuant to this Agreement in the same pro rata amount of such Continuing Lender’s Pro Rata Share of the Existing European Term Loan A and such Existing European Term Loan A shall on and after the Effective Date have all of the rights and benefits of European Term Loan C1 as set forth in this Agreement and the other Credit Documents and (y) each Lender having a European Term Loan C1 Commitment (other than a Continuing Lender except with respect to any amount of European Term Loan C1 Commitment of such Continuing Lender in excess of the amount converted from the Existing European Term Loan A pursuant to clause (ii)(x) above) severally agrees to lend to EuroCo, on the Effective Date, a term loan in Euro in an amount equal to such Lender’s European Term Loan C1 Commitment; and (iii) (x) each applicable Continuing Lender severally agrees that the Existing European Term Loan B made by such Continuing Lender under the Existing First Lien Credit Agreement shall remain outstanding on an after the Effective Date as “European Term Loan C2” made pursuant to this Agreement in the same pro rata amount of such Continuing Lender’s Pro Rata Share of the Existing European Term Loan B and such Existing European Term Loan B shall on and after the Effective Date have all of the rights and benefits of European Term Loan C2 as set forth in this Agreement and the other Credit Documents and (y) each Lender having a European Term Loan C2 Commitment (other than a Continuing Lender except with respect to any amount of European Term Loan C2 Commitment of such Continuing Lender in excess of the amount converted from the Existing European Term Loan B pursuant to clause (iii)(x) above) severally agrees to lend to EuroHoldco, on the Effective Date, a term loan in Euro in an amount equal to such Lender’s European Term Loan C2 Commitment. The applicable Borrower may make only one borrowing under each of the Domestic Tranche C Term Loan Commitment and the European Term Loan Commitments which shall be on the Funding Effective Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.14(a2.13(a) and 2.152.14, all amounts owed hereunder with respect to the Domestic Tranche C Term Loans and the European Term Loans shall be paid in full no later than the Domestic Tranche C Term Loan Maturity Date applicable to such and the European Term LoansLoan Maturity Date, respectively. Each Term Loan Lender’s Domestic Tranche C Term Loan Commitment and European Term Loan Commitments shall terminate immediately and without further action on the Funding Effective Date after giving effect to the funding in full of such Term Loan Lender’s Domestic Tranche C Term Loan Commitment and European Term Loan Commitments on such date.

Appears in 1 contract

Sources: First Lien Credit and Guaranty Agreement (Solera Holdings LLC)

Loan Commitments. (i) Subject to the terms and conditions hereof, , (i) each “Term Loan Lender” Lender severally agrees to make, or be deemed to make pursuant to this Section 2.1(a)(i), on the Funding Closing Date, (A) a U.S. Tranche A Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s Term Loan Commitment. Subject to the terms and conditions hereof and of the Cashless Roll Letter, each Original Term Lender that has elected in a Lender New Commitment (as defined in the Cashless Roll Letter) to exchange all or a portion of the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement for Term Loans hereunder agrees that the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement in a principal amount equal to the amount specified in the Lender New Commitment executed by such Original Term Lender (such amount, for each such Original Term Lender, the “Rolled Amount”) shall become and constitute, and have all the rights and benefits of, Term Loans as set forth in this Agreement and the other Credit Documents, in an equal principal amount. The conversion of Original Term Loans of an Original Term Lender shall be deemed to satisfy, dollar for dollar, such Original Term Lender’s U.S. Tranche A Term Loan Commitment in an amount equal to the Rolled Amount of such Lender. Each Original Term Lender’s Term Loan Commitment shall terminate immediately and without further action on the Funding Date after giving effect to the conversion of such Lender’s Original Term Loan on the Funding Date; provided that, to the extent the Rolled Amount of Original Term Loans held by such Original Term Lender does not fully satisfy such Original Term Lender’s Term Loan Commitment, such Original Term Lender shall in addition to such conversion make (B) a Foreign Tranche A Term Loan to the Foreign Borrower on the Funding Date pursuant to this Section 2.1(a)(i) in an amount equal to such shortfall.Lender’s Foreign Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, (A) a U.S. Tranche B Term Loan to the U.S. Borrower in an amount equal to such Lender’s U.S. Tranche B Term Loan Commitment and (B) a Foreign Tranche B Term Loan to the Foreign Borrower in an amount equal to such Lender’s Foreign Tranche B Term Loan Commitment. The Borrowers may make only one borrowing under each of the Tranche A Term Loan Commitment Commitments and Tranche B Term Loan Commitments which shall be on the 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 2.14(a2.13(a) and 2.152.14, 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 Tranche A Term Loan Maturity Date applicable to such and the Tranche B Term LoansLoan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s Commitments and Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Funding Closing Date after giving effect to the funding in full of such Lender’s Tranche A Term Loan Lender’s Commitments and Tranche B Term Loan Commitment Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols Germany GmbH)

Loan Commitments. (i) Subject to the terms and conditions hereof, , (i) each “Term Loan Lender” Lender severally agrees to make, or be deemed to make pursuant to this Section 2.1(a)(i), on the Funding Closing Date, (x) a U.S. Tranche A Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s Term Loan Commitment. Subject to the terms and conditions hereof and of the Cashless Roll Letter, each Original Term Lender that has elected in a Lender New Commitment (as defined in the Cashless Roll Letter) to exchange all or a portion of the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement for Term Loans hereunder agrees that the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement in a principal amount equal to the amount specified in the Lender New Commitment executed by such Original Term Lender (such amount, for each such Original Term Lender, the “Rolled Amount”) shall become and constitute, and have all the rights and benefits of, Term Loans as set forth in this Agreement and the other Credit Documents, in an equal principal amount. The conversion of Original Term Loans of an Original Term Lender shall be deemed to satisfy, dollar for dollar, such Original Term Lender’s U.S. Tranche A Term Loan Commitment in an amount equal to the Rolled Amount of such Lender. Each Original Term Lender’s Term Loan Commitment shall terminate immediately and without further action on the Funding Date after giving effect to the conversion of such Lender’s Original Term Loan on the Funding Date; provided that, to the extent the Rolled Amount of Original Term Loans held by such Original Term Lender does not fully satisfy such Original Term Lender’s Term Loan Commitment, such Original Term Lender shall in addition to such conversion make (y) a Foreign Tranche A Term Loan to the Foreign Borrower on the Funding Date pursuant to this Section 2.1(a)(i) in an amount equal to such shortfall.Lender’s Foreign Tranche A Term Loan Commitment; and (ii) each Lender severally agrees to make, on the Closing Date, (x) a U.S. Tranche B Term Loan to the U.S. Borrower in an amount equal to such Lender’s U.S. Tranche B Term Loan Commitment and (y) a Foreign Tranche B Term Loan to the Foreign Borrower in an amount equal to such Lender’s Foreign Tranche B Term Loan Commitment. the Borrowers may make only one borrowing under each of the Tranche A Term Loan Commitment Commitments and Tranche B Term Loan Commitments which shall be on the 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 2.14(a2.13(a) and 2.152.14, 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 Tranche A Term Loan Maturity Date applicable to such and the Tranche B Term LoansLoan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s Commitments and Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Funding Closing Date after giving effect to the funding in full of such Lender’s Tranche A Term Loan Lender’s Commitments and Tranche B Term Loan Commitment Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Phillips Van Heusen Corp /De/)

Loan Commitments. (i) Subject to the terms and conditions hereof, each Term Loan Lender” Lender severally agrees to make, or be deemed to make pursuant to this Section 2.1(a)(i), on the Funding Closing Date, (A) a Dollar Tranche B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s Term Loan Commitment. Subject to the terms and conditions hereof and of the Cashless Roll Letter, each Original Term Lender that has elected in a Lender New Commitment (as defined in the Cashless Roll Letter) to exchange all or a portion of the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement for Term Loans hereunder agrees that the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement in a principal amount equal to the amount specified in the Lender New Commitment executed by such Original Term Lender (such amount, for each such Original Term Lender, the “Rolled Amount”) shall become and constitute, and have all the rights and benefits of, Term Loans as set forth in this Agreement and the other Credit Documents, in an equal principal amount. The conversion of Original Term Loans of an Original Term Lender shall be deemed to satisfy, dollar for dollar, such Original Term Lender’s Dollar Tranche B Term Loan Commitment in an amount equal to the Rolled Amount of such Lender. Each Original Term Lender’s Term Loan Commitment shall terminate immediately and without further action on the Funding Date after giving effect to the conversion of such Lender’s Original Term Loan on the Funding Date; provided that, to the extent the Rolled Amount of Original Term Loans held by such Original Term Lender does not fully satisfy such Original Term Lender’s Term Loan Commitment, such Original Term Lender shall in addition to such conversion make (B) a Euro Tranche B Term Loan to the Spanish Borrower on the Funding Date pursuant to this Section 2.1(a)(i) in an amount equal to such shortfall. (ii) Borrower Lender’s Euro Tranche B Term Loan Commitment. The Borrowers may make only one borrowing under each of the Dollar Tranche B Term Loan Commitment Commitments and the Euro Tranche B Term Loan Commitments, which shall be on the Funding 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 obligation 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 2.14(a2.13(a) and 2.152.14, 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 Dollar Tranche B Term Loan Maturity Date applicable to such and the Euro Tranche B Term LoansLoan Maturity Date, respectively. Each Lender’s Tranche B Term Loan Lender’s Term Loan Commitment Commitments shall terminate immediately and without further action on the Funding Closing Date after giving effect to the funding in full of such ▇▇▇▇▇▇’s Tranche B Term Loan Lender’s Term Loan Commitment Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols SA)

Loan Commitments. (i) Subject to the terms and conditions hereof, each Term Loan Lender” Lender severally agrees to make, or be deemed to make pursuant to this Section 2.1(a)(i), on the Funding Closing Date, (A) a Dollar Tranche B Term Loan to the U.S. Borrower in Dollars in an amount equal to such Lender’s Term Loan Commitment. Subject to the terms and conditions hereof and of the Cashless Roll Letter, each Original Term Lender that has elected in a Lender New Commitment (as defined in the Cashless Roll Letter) to exchange all or a portion of the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement for Term Loans hereunder agrees that the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement in a principal amount equal to the amount specified in the Lender New Commitment executed by such Original Term Lender (such amount, for each such Original Term Lender, the “Rolled Amount”) shall become and constitute, and have all the rights and benefits of, Term Loans as set forth in this Agreement and the other Credit Documents, in an equal principal amount. The conversion of Original Term Loans of an Original Term Lender shall be deemed to satisfy, dollar for dollar, such Original Term Lender’s Dollar Tranche B Term Loan Commitment in an amount equal to the Rolled Amount of such Lender. Each Original Term Lender’s Term Loan Commitment shall terminate immediately and without further action on the Funding Date after giving effect to the conversion of such Lender’s Original Term Loan on the Funding Date; provided that, to the extent the Rolled Amount of Original Term Loans held by such Original Term Lender does not fully satisfy such Original Term Lender’s Term Loan Commitment, such Original Term Lender shall in addition to such conversion make (B) a Euro Tranche B Term Loan to the Spanish Borrower on the Funding Date pursuant to this Section 2.1(a)(i) in an amount equal to such shortfall. (ii) Borrower Lender’s Euro Tranche B Term Loan Commitment. The Borrowers may make only one borrowing under each of the Dollar Tranche B Term Loan Commitment Commitments and the Euro Tranche B Term Loan Commitments, which shall be on the Funding 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 obligation 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 2.14(a2.13(a) and 2.152.14, 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 Dollar Tranche B Term Loan Maturity Date applicable to such and the Euro Tranche B Term LoansLoan Maturity Date, respectively. Each Lender’s Tranche B Term Loan Lender’s Term Loan Commitment Commitments shall terminate immediately and without further action on the Funding Closing Date after giving effect to the funding in full of such ▇▇▇▇▇▇’s Tranche B Term Loan Lender’s Term Loan Commitment Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols SA)

Loan Commitments. (i) Subject to the terms and conditions hereofof the First Amendment, each Refinancing Term Loan Lender” Lender (as defined therein) severally agrees to make, or be deemed to make pursuant to this Section 2.1(a)(i), on the Funding First Amendment Effective Date, a Tranche A Term Loan to the Borrower in Dollars in an amount equal to such Lender’s Tranche A Term Loan Commitment. Subject ; and (ii) subject to the terms and conditions hereof and of hereofof the Cashless Roll LetterSecond Amendment, each Original Refinancing Term Lender that has elected in a Lender New Commitment (as defined in the Cashless Roll Lettertherein) severally agrees to exchange all or a portion of the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement for Term Loans hereunder agrees that the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement in a principal amount equal to the amount specified in the Lender New Commitment executed by such Original Term Lender (such amountmake, for each such Original Term Lender, the “Rolled Amount”) shall become and constitute, and have all the rights and benefits of, Term Loans as set forth in this Agreement and the other Credit Documents, in an equal principal amount. The conversion of Original Term Loans of an Original Term Lender shall be deemed to satisfy, dollar for dollar, such Original Term Lender’s Term Loan Commitment in an amount equal to the Rolled Amount of such Lender. Each Original Term Lender’s Term Loan Commitment shall terminate immediately and without further action on the Funding Date after giving effect to the conversion of such Lender’s Original Term Loan on the Funding ClosingSecond Amendment Effective Date; provided that, to the extent the Rolled Amount of Original Term Loans held by such Original Term Lender does not fully satisfy such Original Term Lender’s Term Loan Commitment, such Original Term Lender shall in addition to such conversion make a Tranche B Term Loan to the Borrower on the Funding Date pursuant to this Section 2.1(a)(i) in Dollars in an amount equal to such shortfall. (ii) Lender’s Tranche B Term Loan Commitment. The Borrower may make (x) only one borrowing under the Tranche B Term Loan Commitment Commitments which shall be on the Funding ClosingSecond Amendment Effective Date and (y) only one borrowing under the Tranche A Term Loan Commitments which shall be on the First Amendment Effective 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 2.14(a2.13(a) and 2.152.14, 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 Tranche A Term Loan Maturity Date applicable to such and the Tranche B Term LoansLoan Maturity Date, respectively. Each Term Loan Lender’s (i) Tranche A Term Loan Commitment shall terminate immediately and without further action on the Funding Date First Amendment Effective Date, and (ii) Tranche B Term Loan Commitment shall terminate immediately and without further action on the ClosingSecond Amendment Effective Date, in each case, upon and after giving effect to the funding in full of such Lender’s Tranche A Term Loan Lender’s and/or Tranche B Term Loan Commitment on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Hologic Inc)

Loan Commitments. (ia) Loan Commitments. Subject to the terms and conditions hereof, each Tranche B Term Loan Lender” Lender severally agrees to make, or be deemed to make pursuant to this Section 2.1(a)(i), on the Funding Closing Date, a Tranche B Term Loan to Borrower in Dollars in an amount equal to such Lender’s Tranche B Term Loan Commitment. Subject to the terms and conditions hereof and of the Cashless Roll Letter, each Original Term Lender that has elected in a Lender New Commitment (as defined in the Cashless Roll Letter) to exchange all or a portion of the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement for Term Loans hereunder agrees that the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement in a principal amount equal to the amount specified in the Lender New Commitment executed by such Original Term Lender (such amount, for each such Original Term Lender, the “Rolled Amount”) shall become and constitute, and have all the rights and benefits of, Term Loans as set forth in this Agreement and the other Credit Documents, in an equal principal amount. The conversion of Original Term Loans of an Original Term Lender shall be deemed to satisfy, dollar for dollar, such Original Term Lender’s Term Loan Commitment in an amount equal to the Rolled Amount of such Lender. Each Original Term Lender’s Term Loan Commitment shall terminate immediately and without further action on the Funding Date after giving effect to the conversion of such Lender’s Original Term Loan on the Funding Date; provided that, to the extent the Rolled Amount of Original Term Loans held by such Original Term Lender does not fully satisfy such Original Term Lender’s Term Loan Commitment, such Original Term Lender shall in addition to such conversion make a Term Loan to Borrower on the Funding Date pursuant to this Section 2.1(a)(i) in an amount equal to such shortfall. (ii) Borrower may make only one borrowing under the Tranche B Term Loan Commitment Commitments, which shall be on the 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 2.14(a2.13(a) and 2.152.14, all amounts owed hereunder with respect to the Tranche B Term Loans shall be paid in full no later than the Tranche B Term Loan Maturity Date applicable to such Term LoansDate. Each Term Loan Lender’s Tranche B Term Loan Commitment shall terminate immediately and without further action on the Funding Closing Date after giving effect to the funding in full of such Term Loan Lender’s Tranche B Term Loan Commitment on such date. (ii) Subject to the terms and conditions set forth herein, (x) the Additional Term B-1 Lender agrees to make to the Borrower a loan denominated in Dollars (together with each Loan converted from a Converted Tranche B Term Loan pursuant to clause (y) below, a “Tranche B-1 Term Loan”) equal to the Additional Tranche B-1 Term Commitment on the Amendment No. 2 Effective Date and (y) each Converted Tranche B Term Loan of each Amendment No. 2 Consenting Lender shall be converted into a Tranche B-1 Term Loan of such Lender effective as of the Amendment No. 2 Effective Date in a principal amount equal to the principal amount of such Lender’s Converted Tranche B Term Loan immediately prior to such conversion; provided that the Tranche B-1 Term B Loans shall initially consist of Eurodollar Loans. Amounts borrowed under this Section 2. 1(a)(ii) and repaid or prepaid may not be reborrowed. Tranche B-1 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Aeroflex Holding Corp.)

Loan Commitments. (i) Subject to the terms and conditions hereof, , (i) each “Term Loan Lender” Lender severally agrees to make, or be deemed to make pursuant to this Section 2.1(a)(i), on the Funding Closing Date, (A) a Dollar Tranche A Term Loan to the Foreign Borrower in Dollars in an amount equal to such Lender’s Term Loan Commitment. Subject to the terms and conditions hereof and of the Cashless Roll Letter, each Original Term Lender that has elected in a Lender New Commitment (as defined in the Cashless Roll Letter) to exchange all or a portion of the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement for Term Loans hereunder agrees that the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement in a principal amount equal to the amount specified in the Lender New Commitment executed by such Original Term Lender (such amount, for each such Original Term Lender, the “Rolled Amount”) shall become and constitute, and have all the rights and benefits of, Term Loans as set forth in this Agreement and the other Credit Documents, in an equal principal amount. The conversion of Original Term Loans of an Original Term Lender shall be deemed to satisfy, dollar for dollar, such Original Term Lender’s Dollar Tranche A Term Loan Commitment in an amount equal to the Rolled Amount of such Lender. Each Original Term Lender’s Term Loan Commitment shall terminate immediately and without further action on the Funding Date after giving effect to the conversion of such Lender’s Original Term Loan on the Funding Date; provided that, to the extent the Rolled Amount of Original Term Loans held by such Original Term Lender does not fully satisfy such Original Term Lender’s Term Loan Commitment, such Original Term Lender shall in addition to such conversion make (B) a Euro Tranche A Term Loan to the Spanish Borrower on the Funding Date pursuant to this Section 2.1(a)(i) in an amount equal to such shortfall.Lender’s Euro Tranche A Term Loan 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 Tranche B Term Loan Commitment. The Borrowers may make only one borrowing under each of the Dollar Tranche A Term Loan Commitment Commitments, the Euro Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments, which shall be on the Funding 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) with respect to a Lender under the Dollar Tranche A Term Loan that is an Irish Qualifying Lender, such branch or Affiliate qualifies as an Irish Qualifying Lender, (ii) with respect to a Lender under the Euro Tranche A Term Loan that is a Spanish Qualifying Lender, such branch or Affiliate qualifies as a Spanish Qualifying Lender, and (iii) any exercise of such option shall not affect in any manner the obligation 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 2.14(a2.13(a) and 2.152.14, all amounts owed hereunder with respect to the Dollar Tranche A Term Loans, the Euro Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Dollar Tranche A Term Loan Maturity Date, the Euro Tranche A Maturity Date applicable to such and the Tranche B Term LoansLoan Maturity Date, respectively. Each Lender’s Tranche A Term Loan Lender’s Commitments and Tranche B Term Loan Commitment Commitments shall terminate immediately and without further action on the Funding Closing Date after giving effect to the funding in full of such Lender’s Tranche A Term Loan Lender’s Commitments and Tranche B Term Loan Commitment Commitments on such date.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Grifols SA)