Term A Borrowing. Subject to the terms and conditions set forth herein, each Term A Lender severally agrees to make a single loan to the Borrower, in Dollars, on the Funding Date in an aggregate amount not to exceed such Term A Lender’s Term A Commitment. The Term A Borrowing shall consist of Term A Loans made simultaneously by the Term A Lenders in accordance with their respective Term A Commitments. Term A Borrowings repaid or prepaid may not be reborrowed. (b) Term ▇-▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇-▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇-▇ Borrowing and Term B-4 Borrowing. (i) Term B-1 Borrowing. Subject to the terms and conditions set forth herein, each Term B-1 Lender severally agrees to make a single loan to the Borrower, in Dollars, at the request of the Borrower on any Business Day during the Term B-1 Availability Period, in an aggregate amount not to exceed such Term B-1 Lender’s Term B-1 Commitment; provided, that, the Administrative Agent shall have received (A) a Compliance Certificate pursuant to Section 7.02(a) certifying that Product Revenues were at least $25,000,000 (without giving effect to any Cure Right) for the four consecutive fiscal quarter period most recently ended prior to the date of the Term B-1 Borrowing for which financial statements have been delivered to the Administrative Agent pursuant to Sections 7.01(a) or (b)(i) or (B) on or before the earlier of (1) November 29, 2017 and (2) the date on which the Loan Parties deliver to the Administrative Agent a Compliance Certificate pursuant to Section 7.02(a) for the fiscal quarter ending September 30, 2017, a certificate of a Responsible Officer of the Borrower certifying that Product Revenues are projected to have been at least $25,000,000 (without giving effect to any Cure Right) for the four consecutive fiscal quarter period ending September 30, 2017 based on financial statements and projections reasonably satisfactory to the Administrative Agent. The Term B-1 Borrowing shall consist of Term B-1 Loans made simultaneously by the Term B-1 Lenders in accordance with their respective Term B-1 Commitments. Term B-1 Borrowings repaid or prepaid may not be reborrowed.
Appears in 2 contracts
Sources: Credit Agreement (Establishment Labs Holdings Inc.), Credit Agreement (Establishment Labs Holdings Inc.)