Examples of Discounted Voluntary Prepayment Offer in a sentence
None of the Administrative Agent, the Auction Manager, or any of its Affiliates makes any recommendation pursuant to any Auction Notice as to whether or not any Lender should participate in a Discounted Voluntary Prepayment Offer, nor shall the decision by the Administrative Agent or the Auction Manager (or any of their Affiliates) in its capacity as a Lender to participate in a Discounted Voluntary Prepayment Offer be deemed to constitute such a recommendation.
In addition, each Lender should consult its own attorney, business advisor or tax advisor as to legal, business, tax and related matters concerning each Discounted Voluntary Prepayment Offer and the Auction Notice.
In the event of a failed Discounted Voluntary Prepayment Offer, the Borrower shall not be permitted to deliver a new Auction Notice prior to the date occurring three Business Days after such withdrawal or Expiration Time, as the case may be.
All questions as to the form of documents and eligibility of Term Loans that are the subject of a Discounted Voluntary Prepayment Offer will be determined by the Auction Manager, in consultation with the Borrowers, and their determination will be final and binding so long as such determination is not inconsistent with the terms of Section 2.16 of the Credit Agreement or this Exhibit I.
Lenders may only submit one Return Bid per Series per Discounted Voluntary Prepayment Offer, but each Return Bid may contain up to three component bids (or such larger number of component bids as may be specified in the Auction Notice), each of which may result in a separate Qualifying Bid and each of which will not be contingent on any other component bid submitted by such Lender resulting in a Qualifying Bid.
However, a Discounted Voluntary Prepayment Offer may become void if the conditions to the prepayment set forth in Section 2.16 of the Credit Agreement are not met.
A Discounted Voluntary Prepayment Offer shall be regarded as a “failed discounted voluntary prepayment offer” in the event that either (x) the Borrower withdraws such Discounted Voluntary Prepayment Offer in accordance with the terms hereof or as set forth in Section 2.17 of the Credit Agreement or (y) the Expiration Time occurs with no Qualifying Bids (as defined below) having been received.
This Exhibit H shall not require the Borrower to initiate any Discounted Voluntary Prepayment Offer.
All questions as to the form of documents and eligibility of Term B Loans that are the subject of a Discounted Voluntary Prepayment Offer will be determined by the Auction Manager, in consultation with the Borrower, and their determination will be final and binding so long as such determination is not inconsistent with the terms of Section 2.17 of the Credit Agreement or this Exhibit H.
In connection with each Discounted Voluntary Prepayment Offer, the Borrowers will provide notification to the Auction Manager for distribution to the Lenders of the Term Loans (each, an “Auction Notice”).