Tranche C Sample Clauses
Tranche C. Each Tranche C Lender severally agrees, on the terms and conditions hereinafter set forth, to make Tranche C Revolving Credit Advances denominated in Euros to any Borrower from time to time on any Business Day during the period from the Effective Date until the Termination Date applicable to such Lender in an amount (determined by reference to the Equivalent of Euros in Dollars determined on the date of delivery of the applicable Notice of Revolving Credit Borrowing) not to exceed such Lender’s Unused Tranche C Commitment. Each Revolving Credit Borrowing under the Tranche C Facility shall be in an amount not less than the Revolving Credit Borrowing Minimum or the Revolving Credit Borrowing Multiple in excess thereof and shall consist of Eurocurrency Rate Advances in the same currency made on the same day by the Lenders ratably according to their respective Tranche C Revolving Credit Commitments. Within the limits of each Lender’s Tranche C Revolving Credit Commitment, any Borrower may borrow under this Section 2.01(a)(iii), prepay pursuant to Section 2.10 and reborrow under this Section 2.01(a)(iii).
Tranche C. The Borrower may not deliver a Drawdown Notice if as a result of the proposed Advance more than three Tranche C Advances would be outstanding.
Tranche C. The Borrower must pay to the Facility Agent on account of the Financiers proportionally to their respective Tranche C Commitments an unused commitment fee in US Dollars at a per annum rate equal to 30% of the Margin on the daily unutilised balance of the Tranche C Commitment. This fee:
(i) accrues daily from the date of this agreement up to and including the Tranche C Termination Date;
(ii) is calculated on the basis of the actual number of days elapsed and of a 360 day year; and
(iii) is payable in arrears, on the last day of each calendar month, and on the Tranche C Termination Date or, if earlier, on the day on which the Tranche C Commitment reduces to zero.
Tranche C. The Tranche C Borrower may not deliver a Utilisation Request unless the Facility Agent has notified the Tranche C Borrower that the Facility Agent has received all of the documents and evidence listed in Part I C of Schedule 2 (Conditions precedent), (save for such documents and evidence that is only required in relation to Tranche A) in form and substance satisfactory to the Facility Agent acting on the instructions of the Majority Tranche C Lenders (each acting reasonably). The Facility Agent shall give this notice promptly upon being so satisfied.
Tranche C. (i) Subject to the terms and conditions and relying upon the representations and warranties herein set forth, each Lender severally agrees to make Tranche C Loans to the Borrowers in an aggregate principal amount not to exceed the lesser of (i) such Lender's Tranche C Loan Commitment (or, if less, such Lender's Pro Rata Share of the Total Tranche C Loan Commitment) and (ii) such Lender's Pro Rata Share of the Tranche C
Tranche C. Each Tranche C Lender severally agrees to make Loans, from time to time during the Commitment Period, in an aggregate principal amount not to exceed the Tranche C Commitment Amount of such Lender, to be used as provided in Section 2.2(c) (each such Loan, a "Tranche C Loan" and, collectively, the "Tranche C Loans").
Tranche C. The Borrower acknowledges and agrees that Tranche C is fully advanced as of the First Amendment Closing Date and that the outstanding balance of Tranche C as of the First Amendment Closing Date is the Tranche C Amendment Closing Date Balance. No portion of Tranche C is subject to readvance.
Tranche C. The Borrower may prepay Tranche C subject to the provisions of Article 17 and Section 14.4. The terms and conditions of Article 17 provide, among other terms and conditions, that the Borrower shall not have the right to make any payments to the Tranche C Lenders other than as authorized herein prior to the payment in full of all Lender Obligations owed to the A/B Lenders. Subject to the foregoing, on or before the third anniversary of the Closing Date, the Borrower may prepay all or any portion of Tranche C provided that the Borrower pays to the Tranche C Lenders one percent (1%) of the amount prepaid as a prepayment penalty. Thereafter, no prepayment penalty shall be applicable." When permitted under each of (i) the Senior Facility and (ii) the Indenture governing the obligations guaranteed by the Senior Note Guaranty, the Tranche C debt shall be convertible into unsecured debt of American Ski pursuant to the terms of that certain Securities Purchase Agreement dated July 15, 2001 among American Ski, Oak Hill Capital Partners, L.P., and the other entities party thereto, provided further that under no circumstances shall such conversion be effected or permitted prior to the Payment Date without the prior unanimous written approval of the Tranche A and Tranche B Lenders.
Tranche C. The Borrower acknowledges and agrees that the outstanding balance of Tranche C is the Tranche C Closing Date Balance. No portion of Tranche C is subject to readvance once disbursed by the Tranche C Lenders. The Borrower may request that the Tranche C Lenders terminate any obligation to fund the then balance of the Tranche C Remaining Balance at any time after July 31, 2001 subject to the submission of evidence to the Agent and the Tranche C Lenders that the then balance of the Tranche C Remaining Balance is not required under the Budget.
Tranche C. As a condition precedent to the Initial Disbursement Date pursuant to Section 6.02(m) of the Credit Agreement, each Pledgor agrees, on a several basis, to procure, provide and maintain in full force and effect one or more Equity Letters of Credit in an amount equal to its Tranche C Loan Commitment (if any), as the same may be revised from time to time pursuant to any assignments of the Tranche C Loan Commitments made in accordance with Section 11.06(b) of the Credit Agreement.