Term Lenders. Subject to the terms and conditions set forth herein and in the Credit Agreement, each Exchanging Term Lender (by executing a Lender Consent) irrevocably (A) agrees to the terms of this Second Amendment and the Amended Credit Agreement, (B) if so elected in its Lender Consent, agrees to exchange (as set forth on its Lender Consent) the Allocated Amount of its Existing Tranche B-1 Term Loans with the Second Amendment Tranche B-1 Term Loans in an equal principal amount, (C) if so elected in its Lender Consent, agrees to exchange (as set forth on its Lender Consent) the Allocated Amount of its Existing Tranche B-2 Term Loans with Second Amendment Tranche B-2 Term Loans in an equal principal amount and (D) upon the Second Amendment Effective Date, shall exchange (as set forth on its Lender Consent) the Allocated Amount of its Existing Tranche B-1 Term Loans and/or Existing Tranche B-2 Term Loans with the Second Amendment Tranche B-1 Terms Loans and/or Second Amendment Tranche B-2 Term Loans, as applicable, in an equal principal amount and (ii) each Additional Term Lender irrevocably (A) agrees to the terms of this Second Amendment and the Amended Credit Agreement, (B) commits to make Additional Term Loans in the amount notified to such Additional Term Lender by the Administrative Agent (but in no event greater than the amount such Additional Term Lender committed to make as Additional Term Loans) and (C) upon the Second Amendment Effective Date, shall refinance in full all Existing Term Loans, other than Exchanged Term Loans, with such Additional Terms Loans. Each Additional Term Lender further acknowledges and agrees that, as of the Second Amendment Effective Date, it shall be a “Lender” and a “Term Lender” under, and for all purposes of, the Amended Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. For purposes of this Second Amendment, “exchange” shall mean convert and continue. For the avoidance of doubt, notwithstanding anything herein to the contrary, it is acknowledged and agreed that (i) the Existing Tranche B-1 Term Loans of the Exchanging Term Lenders will be converted into and continued as Second Amendment Tranche B-1 Term Loans and such Exchanged Tranche B-1 Term Loans shall be on the same terms (other than to the extent expressly provided in this Second Amendment) under the Loan Documents as such Existing ...
Term Lenders. ¨ The undersigned Term Lender hereby irrevocably and unconditionally approves of and consents to the Amendment. ¨ The undersigned Term Lender hereby irrevocably and unconditionally approves of and consents to the Amendment and consents to convert 100% of the outstanding principal amount of the Term Loans held by such Lender into a 2013 Term Loan in a like principal amount.
Term Lenders. FMC agrees to repay the principal of the Term Loan to the Agent, for the account of the Lenders as set forth in Section 1.3.
Term Lenders. Each Cashless Option Term Lender and each Additional Term Lender hereby agrees, after the effectiveness of this Amendment and on the terms and conditions set forth herein, to make or exchange, as applicable, its Domestic Term Loan, Australian Term Loan and/or UK Term Loan under the Credit Agreement in accordance with §3.1 of the Second Amended and Restated Credit Agreement. Subject to and upon the terms and conditions set forth herein, each applicable Additional Term Lender agrees to make, after the effectiveness of this Amendment, (i) a Term Loan to the Domestic Borrowers (which shall replace the Domestic Term Loans existing prior to such date and be considered Tranche B Domestic Term Loans for all purposes hereunder), in an amount indicated on the Commitment Schedule minus the aggregate amount of Exchanged Domestic Term Loans (or such lesser amount as the Administrative Agent may allocate), (ii) a Term Loan to the Australian Borrower (which shall replace the Australian Term Loans existing prior to such date and be considered Tranche B Australian Term Loans for all purposes hereunder), in an amount indicated on the Commitment Schedule minus the aggregate amount of Exchanged Australian Term Loans (or such lesser amount as the Administrative Agent may allocate) and (iii) a UK Term Loan to the UK Borrower in an amount indicated on the Commitment Schedule. Each such party shall, effective on the Restatement Effective Date, automatically become a party to the Second Amended and Restated Credit Agreement as a Term Lender. Each Tranche B Term Lender and each Additional Term Lender hereby consents to such Lender’s applicable Commitment Percentage as set forth on Schedule II of the Second Amended and Restated Credit Agreement (the “Commitment Schedule”).
Term Lenders. Each Lender having a Term Commitment or making a Term Loan to Borrower pursuant to this Agreement, together with their successors and permitted assigns.
Term Lenders. Each Term Lender shall confirm its agreement to increase make an Accordion Term Loan pursuant to an acknowledgement in a form acceptable to the Administrative Agent, signed by it and the Borrowers and delivered to the Administrative Agent at least five (5) days before the effective date of such increase.
Term Lenders. Subject to the terms and conditions set forth herein and in the Credit Agreement: 5
(a) each Exchanging Term Lender irrevocably (i) agrees to the terms of this Restatement Agreement, the Restated Credit Agreement, the Restated GCA and the CTA Amendment, (ii) agrees to exchange (as set forth on its signature page hereto) all of its Existing Term Loans with Restatement Term Loans in an equal principal amount, and (iii) upon the Restatement Effective Date, shall exchange (as set forth on its signature page hereto) all of its Existing Term Loans with Restatement Terms Loans in an equal principal amount. For purposes of this Restatement Agreement, “exchange” shall mean convert and continue. For the avoidance of doubt, notwithstanding anything herein to the contrary, it is acknowledged and agreed that the Existing Term Loans of Exchanging Term Lenders will be converted into and continued as Restatement Term Loans and such Exchanged Term Loans shall be on such terms under the Restated Credit Agreement.
Term Lenders. Each Cashless Option Lender and Barclays Bank plc hereby agrees, on the Restatement Effective Date and on the terms and conditions set forth herein and in the Restated Credit Agreement, to make or roll over, as applicable, its Term Loan under the Credit Agreement in accordance with Section 2.01(b) of the Restated Credit Agreement. Such parties shall, effective on the Restatement Effective Date, automatically become a party to the Restated Credit Agreement as a “Term Lender”. Each Term Lender under the Credit Agreement that signs a Consent agrees that to the extent its Term Loans under the Credit Agreement are being repaid on the Restatement Effective Date it waives any amounts it may be entitled to under Section 5.03 of the Credit Agreement in connection with such repayment.
Term Lenders. ☐ CONSENT TO AMENDMENT: By checking this box, the undersigned Term Lender hereby consents to the Agreement.
Term Lenders. The Borrower agrees to pay directly to the Administrative Agent for its own account the administrative agent fees as set forth in the Fee Letter.
