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. ☐ CONSENT TO AMENDMENT: By checking this box, the undersigned Term Lender hereby consents to the 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. [Check one or more of the two boxes below] The undersigned Lender hereby irrevocably and unconditionally approves of and consents to the Ninth Amendment and consents to the exchange (on a cashless basis) of 100% of the outstanding principal amount of the Term Loans held by such Lender (or such lesser amount allocated to such Lender by the Administrative Agent) with a Refinancing Term Loan in the same currency in an equal principal amount. The undersigned Lender hereby requests to purchase Increased Term Loans denominated in Dollars and/or Euro (as applicable) up to an aggregate principal amount no greater than the amount specified on its signature page hereto, or such lesser amount as notified to such Lender by the Administrative Agent. Such Lender agrees that its signature hereto shall constitute its signature as Assignee to the Assignment and Assumption Agreement attached to the Credit Agreement reflecting such purchase and that it shall be bound by such Assignment and Assumption in all respects. [NAME OF NEW TERM LENDER] By: Name: Title: If a second signature is necessary: By: Name: Title: Maximum Amount of Increased Term Loans denominated in Dollars: $ _____________________ Maximum Amount of Increased Term Loans denominated in Euro: € _____________________
Term Lenders. CRYSTAL FINANCIAL SPV LLC, as a Term Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Managing Director DB1/ 85911004.13 SCHEDULE 2.01 Applicable Percentages Term Lender Term Loan Amount Term Loan Applicable Percentage Crystal Financial SPV LLC $20,000,000 100.000000000% Total $20,000,000 100.000000000% DB1/ 85911004.13 Schedule 5.07 State of West Virginia, Ex Rel Xxxxxxx X. XxXxxx Xx. v. Intersections Insurance Services Inc. On January 14, 2013, Intersections Insurance Services Inc. (“IISI”) was served with a complaint (filed on October 2, 2012) on behalf of the Office of the West Virginia Attorney General in the Circuit Court of Xxxxx County, West Virginia. The complaint alleges violations of West Virginia consumer protection laws based on the marketing of unspecified products. IISI filed a motion for a more definite statement of the claims, which motion was denied by the court in December 2013. On January 21, 2014, IISI filed an answer. In or about December 2013, the Office of the West Virginia Attorney General served IISI with discovery requests. IISI served objections to those requests in February 2014. There has been no action since IISI filed objections to the State’s discovery request. In July 2012, the Consumer Financial Protection Bureau served a Civil Investigative Demand on Intersections Inc. on its billing practices for identity protection and credit monitoring products sold and enrolled through depositary customers. An action was filed on July 1, 2015, in the United States District Court for the Eastern District of Virginia, Alexandria Division, and a Stipulated Final Judgment and Order concurrently entered, entitled Consumer Financial Protection Bureau v. Intersections Inc. Without admitting or denying the allegations in the complaint, Intersections Inc. agreed to implement a satisfactory compliance plan to comply with the Order and to provide a progress update. It also agreed to pay approximately $60,000 to customers who hadn’t previously received refunds for periods where the full benefit of the service was not delivered. It paid a civil penalty of $1.2 million. The customer refund amount has been reserved and it is anticipated refunds will commence in March, 2016. Intersections also recently submitted an amended compliance plan to the Bureau. In December 2013 a case was filed that involved our affiliate, Intersections Insurance Services Inc. (“IISI”) in the Xxxxxx County Circuit Court, State of Mississippi entitled Xxxxxxx Xxxxx v....
