Second Delayed Draw Borrowings Sample Clauses
Second Delayed Draw Borrowings. On each Delayed Draw Advance Date, with respect to any Second Delayed Draw Borrowing:
(a) The Borrower shall have delivered to the Administrative Agent and the Lenders, at least 20 Business Days prior to such proposed Delayed Draw Advance Date (i) a written notice of the proposed requested Borrowing, (ii) a written request that the Required Lenders (in their sole and absolute discretion) approve such requested Second Delayed Draw Commitment and such Borrowing of Second Delayed Draw Term Loans and the applicable Lenders (in their sole and absolute discretion) confirm their willingness to provide a Second Delayed Draw Commitment, and (iii) all financial information, certificates and other information reasonably requested by the Administrative Agent and the Required Lenders in connection with the written request that the Required Lenders approve such requested Second Delayed Draw Commitment (collectively, the “Second Delayed Draw Request”).
(b) The Required Lenders (in their sole and absolute discretion) have approved the Second Delayed Draw Request and the requested Second Delayed Draw Commitment and Borrowing of Second Delayed Draw Term Loans in writing and the applicable Lenders (in their sole and absolute discretion) shall have agreed in writing to provide the requested Second Delayed Draw Commitments (with such Second Delayed Draw Commitments to be allocated among the Lenders (that have agreed in writing to provide such Second Delayed Draw Commitments) as determined by the Required Lenders, in their sole discretion) and to fund the requested Second Delayed Draw Term Loans in accordance with Section 2.01(c) (collectively, the “Second Delayed Draw Approval”).
(c) The Administrative Agent and the Lenders shall have received from the Loan Parties all amendments to this Agreement and the other Loan Document required or requested by the Required Lenders in connection with the Second Delayed Draw Request (the “Second Delayed Draw Amendment”).
(d) Immediately before, and immediately after, giving pro forma effect to such Second Delayed Draw Borrowing (and the use of proceeds thereof, but without including the proceeds of such First Delayed Draw Borrowing in the calculation of Section 6.10(a)), the Borrower shall be in compliance with Section 6.10 (as of the most recently completed period of four consecutive fiscal quarters ending prior to such Borrowing for which the financial statements and certificates required by Section 5.04(a) or 5.04(b), as the case may be...
