Amended Commitment definition
Examples of Amended Commitment in a sentence
Except as set forth herein, this Agreement supersedes all prior agreements between the parties with respect to its subject matter, including, without limitation, the Commitment Letter, the Amended Commitment Letter, the Term Sheet and the Amended Term Sheet and constitutes (along with the documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter.
Each Revolving Lender, by execution of this Amendment, consents in its capacity as Issuing Lender to this Amendment, including changes to the Revolving Credit Commitments as set forth on the Amended Commitment Schedule.
In the event of any litigation or dispute involving this Agreement, the Amended Commitment Letter and/or the Amended Term Sheet, the Purchasers shall not be responsible or liable to the Company or any other Person for any special, indirect, consequential, incidental or punitive damages.
The Borrower, the Guarantors, the Agents and each Lender that is listed on the Amended Commitment Schedule shall have executed and delivered this Amendment.
Pursuant to the terms of the Amended Commitment Letter and the Amended Term Sheet, Onex Corporation has previously received an initial payment of $1,750,000.00 (the "Initial Installment") of the Commitment Fee.
If the amount of such Term A Lender’s Initial Term A Loans as set forth on the Amended Commitment Schedule is higher than the amount of Initial Term A Loans held by such Term A Lender immediately prior to the effectiveness of this Amendment, subject to the terms and conditions set forth in Section 5 of this Amendment and Section 7.2 of the Credit Agreement, such Term A Lender agrees to fund the excess amount to the Administrative Agent.
The parties hereto hereby waive, to the fullest extent permitted by applicable law, any right to trial by jury with respect to any action or proceeding arising out of or relating to this Amended Commitment Letter or the Fee Letter.
In consideration of the execution and delivery of this Amended Commitment Letter by the Bank Parties, you agree to pay the fees and expenses set forth in the Term Sheet and in the Amended and Restated Fee Letter dated the date hereof (the “Fee Letter”) as and when payable in accordance with the terms thereof.
Any such amount received by the Administrative Agent shall be disbursed to Decreased Term A Lenders to the extent necessary so that all Term A Lenders hold Initial Term A Loans in accordance with the amounts set forth on the Amended Commitment Schedule, with the balance (equal to $26,250,000) disbursed to the Borrower.
Capitalized terms used but not defined herein have the meanings assigned to them in the Amended Commitment Letter to which this Exhibit B is attached and of which it forms a part.