C Facility definition
Examples of C Facility in a sentence
The C Facility Lender hereby agrees with each other person who is or becomes party to the Group Intercreditor Agreement in accordance with the terms thereof that with effect on and from the date hereof, it will be bound by the Group Intercreditor Agreement as a Senior Creditor and as a C Facility Lender as if it had been an original party thereto in such capacity.
The Facility Agent shall notify the Company and the C Facility Lenders promptly upon being so satisfied.
The C Facility Lender hereby agrees with each other person who is or becomes party to the HYD Intercreditor Agreement in accordance with the terms thereof that with effect on and from the date hereof, it will be bound by the HYD Intercreditor Agreement as a Senior Creditor as if it had been an original party thereto in such capacity.
Upon any termination or reduction of the Commitments under the Term B Facility or the Term C Facility, the Commitments of each Appropriate Lender under such Facility shall be reduced by such Lender’s Applicable Percentage of such reduction amount.
Upon repayment of this Loan and the satisfaction by Borrower of all of the Obligations under this Loan, the Collateral shall continue to secure the Additional Credit Facility, the Inventory Loan and the Tranche C Facility, as provided in the documents evidencing and securing the Additional Credit Facility, the Inventory Loan and the Tranche C Facility.
For the avoidance of doubt any amount to be applied in accordance with this paragraph shall only apply to such portion (if any) of the C Facility Outstandings which such C Facility Lender has not waived.
Each such prepayment shall be applied ratably to the Term A Facility, the Term B-1 Facility, the Term B-2 Facility, the Term B-3 Facility, the Term B-4 Facility and the Term C Facility.
In the event of such notification, the amount which would have been applied in prepaying such C Facility Lender shall instead be applied in prepayment of any non-declining C Facility Lenders on a pro rata basis, and thereafter, in prepayment of the Revolving Facility Outstandings and Secondary Revolving Facility Outstandings in accordance with paragraph (e) below.
The Borrower may, upon notice to the Administrative Agent, (i) during the Term B Availability Period terminate in full or reduce the Term B Commitments and (ii) following the establishment of the Term C Facility pursuant to Section 2.13, during the Term C Availability Period terminate in full or reduce the Term C Commitments; provided, that any such notice shall be received by the Administrative Agent not later than 11:00 a.m. five (5) Business Days prior to the date of termination or reduction.
Original duly executed copies of any applicable fees letters and evidence that all fees and expenses (excluding legal fees) due and payable under this Agreement or in connection with this Agreement as at the date of first Utilisation under the C Facility, the quantum of which have been notified to the Company in writing no less than two Business Days prior to the Utilisation Date, have been paid.