Term A-3 Loans Clause Samples
Term A-3 Loans. The European Borrower shall repay to the Term A-3 Lenders the aggregate principal amount of all Term A-3 Loans outstanding on the following dates in the respective amounts set forth opposite such dates (which amounts shall be reduced as a result of the application of prepayments in accordance with the order of priority set forth in Section 2.05): Date Amount The last Business Day of each of the first four fiscal quarters of Parent occurring after the first anniversary of the Closing Date 1.25% of the aggregate principal amount of Term A-3 Loans incurred on the Closing Date and the Acquisition Funding Date The last Business Day of each of the first four fiscal quarters of Parent occurring after the second anniversary of the Closing Date 3.75% of the aggregate principal amount of Term A-3 Loans incurred on the Closing Date and the Acquisition Funding Date The last Business Day of each of the first four fiscal quarters of Parent occurring after the third anniversary of the Closing Date 5.00% of the aggregate principal amount of Term A-3 Loans incurred on the Closing Date and the Acquisition Funding Date The last Business Day of each of the first three fiscal quarters of Parent occurring after the fourth anniversary of the Closing Date 15.00% of the aggregate principal amount of Term A-3 Loans incurred on the Closing Date and the Acquisition Funding Date
Term A-3 Loans. The Company shall pay to the Administrative Agent, for the account of the Term A-3 Lenders, the aggregate unpaid principal amount of the Term A-3 Loans on the Termination Date for the Term A-3 Facility (or such earlier date on which the Term A-3 Loans become due and payable pursuant to Section 9).
Term A-3 Loans. (i) Subject to the terms and conditions set forth herein, each Term A-3 Lender severally agrees to make a single loan to the Borrowers on the Restatement Effective Date in Dollars in an amount not to exceed such Term A-3 Lender’s Term A-3 Commitment; provided that after giving effect to any such Borrowing, (x) the aggregate Outstanding Amount of all Term A-3 Loans shall not exceed $200,000,000, subject to increase as provided in Section 2.16, and (y) the Outstanding Amount of all Term A-3 Loans made by any Term A-3 Lender shall not exceed such Term A-3 Lender’s Term A-3 Commitment.
(ii) Any Loans made under this Section 2.01(d) and repaid or prepaid may not be reborrowed. Term A-3 Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. Notwithstanding anything to the contrary contained herein, each Term A-3 Lender may, at its option, fulfill its obligations to make any Term A-3 Loan available to the Borrowers by causing any foreign or domestic branch or Affiliate of such Lender to make such Loan; provided that the exercise of such option shall not affect the obligation of the Borrowers to repay such Loan in accordance with the terms of this Agreement.
Term A-3 Loans. On the terms and subject to the conditions of this Agreement (including Article V), each Term A-3 Loan Lender severally agrees to make, on the Effective Date, one loan (each, a “Term A-3 Loan” and, collectively for all the Term A-3 Loan Lenders, the “Term A-3 Loans”) to the Borrower in such principal amount equal to the lesser of (A) such Lender’s Term A-3 Loan Commitment and (B) such Lender’s Percentage of the aggregate amount of the Borrowing of Term A-3 Loans requested by the Borrower to be made on the Effective Date. Amounts outstanding under the Term A-3 Loan that are repaid or prepaid may not be reborrowed. The proceeds of all Term A-3 Loans shall be used solely for the purposes described in Section 4.10(a).
Term A-3 Loans. (i) Subject to the terms and conditions set forth herein, each Term A-3 Lender severally agrees to make a single loan to the Borrowers on the Restatement Effective Date in Dollars in an amount not to exceed such Term A-3 Lender’s Term A-3 Commitment.
(ii) Any Loans made under this Section 2.01(d) and repaid or prepaid may not be reborrowed. Term A-3 Loans may be Base Rate Loans, LIBOR Floating Rate Loans or Eurocurrency Rate Loans, as further provided herein. Notwithstanding anything to the contrary contained herein, each Term A-3 Lender may, at its option, fulfill its obligations to make any Term A-3 Loan available to the Borrowers by causing any foreign or domestic branch or Affiliate of such Lender to make such Loan; provided that the exercise of such option shall not affect the obligation of the Borrowers to repay such Loan in accordance with the terms of this Agreement.
Term A-3 Loans. On the Amendment No. 4 Effective Date, each of the Consenting Term A-2 Lenders will have their existing Term A-2 Loans converted into Term A-3 Loans as described in Section 2.1 of the Amended Loan Agreement, with the Term A-3 Loans having the terms set forth in the Amended Loan Agreement, and thereafter become Term A-3 Lenders for all purposes under the Loan Documents.
Term A-3 Loans. (A) The Term A-3 Loan Lenders previously fully advanced Term A-3 Loans to the Borrower on the Effective Date pursuant to the terms of this Agreement. The outstanding principal balance of the Term 46267678.11 A-3 Loans as of the Fifth Amendment Effective Date is $68,618,604.00. Amounts outstanding under the Term A-3 Loan that are repaid or prepaid may not be reborrowed; provided, that during the Term A-3 Loan Availability Period, the Borrower may prepay the Term A-3 Loans with Net Real Property Disposition Proceeds from the Bandon Sale (as defined in the Fifth Amendment) and subsequently reborrow Term A-3 Loans in accordance with clauses (B) through (D) below.
(B) On the terms and subject to the conditions of this Agreement (including Article V), from time to time on any Business Day occurring on or after the Fifth Amendment Effective Date and prior to the Term A-3 Loan Commitment Termination Date (the “Term A-3 Loan Availability Period”), each Term A-3 Loan Lender severally agrees to make loans (relative to such Term A-3 Loan Lender, its “Term A-3 Loans”) to the Borrower equal to such Term A-3 Loan Lender’s Percentage of the aggregate amount of the Borrowing of the Term A-3 Loans requested by the Borrower to be made on such day. The commitment of each Term A-3 Loan Lender described in this clause (B) is herein referred to as its “Term A-3 Loan Commitment.”
(C) Term A-3 Loan Availability. No Borrowing of Term A-3 Loans shall be made if, after giving effect thereto, (A) the Available Term A-3 Facility Commitment would be less than zero, or (B) the Available Term A-3 Lender Commitment of any Term A-3 Loan Lender would be less than zero.
Term A-3 Loans. Subject to the terms and conditions set forth herein, each Term A-3 Loan Lender severally agrees to make a Term A-3 Loan to the Borrower on the First Amendment Effective Date in an aggregate principal amount equal to such Term A-3 Loan Lender’s Term A-3 Loan Commitment. Notwithstanding the foregoing, if the total Term A-3 Loan Commitment as of the First Amendment Effective Date is not drawn on the First Amendment Effective Date, the undrawn amount shall automatically be cancelled.
Term A-3 Loans. Subject to the terms and conditions set forth herein, each Term A-3 Loan Lender severally agrees to make a Term A-3 Loan to the Borrower on the First Amendment Effective Date in an aggregate principal amount equal to such Term A-3 Loan Lender’s Term A-3 Loan Commitment. Notwithstanding the foregoing, if the total Term A-3 Loan Commitment as of the First Amendment Effective Date is not drawn on the First Amendment Effective Date, the undrawn amount shall automatically be cancelled.