Tranche D Loans. On the terms and subject to the conditions contained in this Agreement and in reliance upon the representations and warranties of the Obligors set forth herein, each Lender further agrees to make one or more Loans to the Borrowers (each, a "Tranche D Loan") on any Funding Date, as requested by a Borrower in a Notice of Borrowing given in accordance with Section 2.2 in an amount not to exceed, in the aggregate for all Tranche D Loans made by such Lender on all Funding Dates, the Tranche D Commitment of such Lender. There may be multiple Borrowings of Tranche D Loans. Tranche D Loans repaid or prepaid may not be reborrowed hereunder.
Tranche D Loans. (i) Accrued interest on each Tranche D Loan shall be payable in arrears on each Interest Payment Date, upon a prepayment of such Loan, and on the date on which all or any portion of the Obligations are accelerated, and at maturity. After maturity, and at any time an Event of Default exists, accrued interest on all Tranche D Loans shall be payable on demand.
Tranche D Loans. Subject to the terms and conditions of this Agreement, during the applicable Commitment Period, the Tranche D Banks shall make a Tranche D Loan or Tranche D Loans to Borrower in such amount or amounts as Borrower may from time to time request, but not exceeding in aggregate principal amount at any time outstanding hereunder the aggregate amount of the Tranche D Commitments; provided, however, that Borrower shall not request any Tranche D Loan hereunder unless the Tranche A Commitments, Tranche B Commitments and Tranche C Commitments have been fully funded. Borrower shall have the option, subject to the terms and conditions set forth herein, to borrow Tranche D Loans, maturing on the last day of the Commitment Period, by means of any combination of (a) Prime Rate Loans, or (b)
Tranche D Loans. Subject to the terms and conditions contained in this Agreement, each Lender agrees to make loans ("Tranche D Loans") to Borrower on a revolving credit basis from time to time on any Business Day from the date of this Agreement through the Drawdown Termination Date. Each request for Tranche D Loans pursuant to a Borrowing Request shall be in an aggregate amount of not less than $30,000. The aggregate principal amount of any Lender's Tranche D Loans at any time outstanding (after giving effect to the other transactions contemplated by the Borrowing Request pursuant to which a Tranche D Loan is requested) shall not exceed the lesser of: (1) such Lender's Percentage Share of the Collateral Value of the Tranche D Borrowing Base or (2) such Lender's Percentage Share of the Commitment reduced by the sum of (A) such Lender's Percentage Share of all Tranche A Loans outstanding at such time, (B) such Lender's Percentage Share of all Tranche B Loans outstanding at such time, and (C) such Lender's Percentage Share of all Tranche C Loans outstanding at such time. At no time shall the aggregate amount of all Loans outstanding at any time exceed the lesser of (1) the Aggregate Collateral Value of the Borrowing Base, and (2) the Commitment at such time.
Tranche D Loans. On the terms and subject to the conditions contained in this Agreement, the Lender agrees to make loans (each, a “Tranche D Loan” and collectively, the “Tranche D Loans”) to the Borrower, which Tranche D Loans (i) may be made on the Closing Date and from time to time thereafter on any Business Day prior to the Maturity Date, (ii) may, at the option of the Borrower, be repaid pursuant to Section 2.04 hereof, but once repaid may not be reborrowed, and (iii) shall not exceed the amount of the Tranche D Loan Commitment. The Tranche D Loans shall be evidenced by the Tranche D Note.
Tranche D Loans. Pursuant to Section 2.16 of the Credit Agreement, each Tranche D Lender hereby severally and not jointly agrees to provide a Term Loan Tranche D Commitment in the amount set forth next to such Tranche D Lender’s name on Annex 1 attached hereto (in each case, such Lender’s “Tranche D Loan Amount”). The aggregate Tranche D Loan, as set forth in such Annex 1, is equal to $125,000,000. In connection therewith, subject to the terms of the Credit Agreement, each Tranche D Lender severally and not jointly agrees to fund, and make a single loan in immediately available funds to the Borrower on the Increase Effective Date, in an aggregate principal amount equal to its Tranche D Loan Amount. After giving effect to the making of the Tranche D Loans, each Tranche D Lender shall have the Term Loan Tranche D Commitment and Commitment Percentage with respect to the Tranche D Facility set forth on the new Schedule 1.1 attached as Annex 2 hereto (it being acknowledged that each Term Loan Tranche D Commitment will terminate upon the funding of the applicable Tranche D Loan). Subject to Section 2.8(c) of the Credit Agreement, each payment or prepayment of principal of Tranche D Term Loans by the Borrower shall be made for the account of the Tranche D Lenders pro rata in accordance with the respective unpaid principal amounts of the Tranche D Term Loans held by them. In addition, each payment of interest on Tranche D Term Loans by the Borrower shall be made for the account of the Tranche D Lenders pro rata in accordance with the amounts of interest on the Tranche D Term Loans then due and payable to the Tranche D Lenders.
Tranche D Loans. On the terms and subject to the conditions contained in this Agreement, the Lender shall make a loan to the Borrower on the Closing Date in the amount of $5,000,000, the Lender shall make additional loans to the Borrower as set forth in clause (a)(i) of the Acquisition Guidelines, and in its sole and absolute discretion, the Lender may make additional loans to the Borrower as set forth in clause (a)(ii) and clause (b) of the Acquisition Guidelines. In addition, up to $2,200,000 in outstanding trade payables owing by the Borrower to the Lender that are past due as of the Closing Date shall be converted to a Tranche D Loan. Each Tranche D Loan (i) may be made from time to time on any Business Day up to thirty (30) days prior to the Maturity Date, (ii) shall be repaid pursuant to the terms hereof and (iii) once repaid may be reborrowed. The aggregate outstanding principal amount of all Tranche D Loans may not exceed at any time the amount of the Tranche D Loan Commitment. The Tranche D Loans shall be evidenced by the Tranche D Note.
Tranche D Loans. Subject to the terms and conditions set forth in this Agreement (including Section 4.03) and in reliance upon the representations and warranties of the Loan Parties set forth herein, each Tranche D Lender severally, but not jointly, agrees to advance to Borrower from time to time during the Availability Period such loans as Borrower may request pursuant to this Section 2.01 (exclusive of the Tranche A Loan, Tranche B Loans and Tranche C Loans, individually, a “Tranche D Loan” and, collectively, the “Tranche D Loans” and, together with the Tranche A Loans, the Tranche B Loans, the Tranche C Loans, the “Loans”) in an aggregate principal amount which, when added to the aggregate principal amount of all prior Tranche D Loans made by such Lender under this Agreement, does not exceed such Tranche D Lender’s Tranche D Commitment.
Tranche D Loans. Subject to the terms and conditions set forth herein, each Lender agrees to make Tranche D Loans to the Borrower during the Availability Period in a principal amount not exceeding its Tranche D Commitment. Amounts repaid in respect of Tranche D Loans may not be reborrowed.
Tranche D Loans. As of the Third Amendment Effective Date, the Tranche D Loans shall convert into, and continue as, a Tranche C Loan pursuant to Section 2.01(c) and Borrower shall have no further rights to borrow any Tranche D Loans.
