Examples of Exchanging Lenders in a sentence
Unless the context shall otherwise require, the New Refinancing Tranche B Term Lenders and the Exchanging Lenders shall constitute “Tranche B Term Lenders”, “Term Lenders” and “Lenders” and the New Refinancing Tranche B Term Loans and Exchanged Refinancing Tranche B Term Loans shall constitute “Initial Tranche B Term Loans”, “Tranche B Term Loans”, “Term Loans” and “Loans”, in each case for all purposes of the Credit Agreement (as amended hereby) and the other Loan Documents.
The proceeds of the New Refinancing Tranche B Term Loans shall be used solely to repay in full all Initial Tranche B Term Loans outstanding under the Credit Agreement immediately prior to the effectiveness hereof (the “Existing Tranche B Term Loans”), other than the Existing Tranche B Term Loans of the Exchanging Lenders that are exchanged for Exchanged Refinancing Tranche B Term Loans and deemed repaid pursuant to paragraph (d) below, and to pay related accrued and unpaid interest, fees and expenses.
Unless the context shall otherwise require, the New Refinancing Tranche B Term Lenders and the Exchanging Lenders shall constitute “Tranche B Term Lenders”, “Term Lenders” and “Lenders” and the New Refinancing Tranche B Term Loans and Exchanged Refinancing Tranche B Term Loans shall constitute “Initial Tranche B Term Loans”, “Tranche B Term Loans”, “Term Loans” and “Loans”, in each case for all purposes of the Credit Agreement and the other Loan Documents.
Additional notes to be issued to the Exchanging Lenders, following the application of the Exchange Ratio, shall be rounded to the nearest $1,000.
The commitments of the Additional Lender and the refinancing undertakings of the Exchanging Lenders are several and no such New Lender will be responsible for any other New Lender’s failure to make or acquire by refinancing Refinancing Loans.
Exchanging Lenders will be consenting to the Proposed Amendment, which will be effected provided that the Required Lenders Condition (as defined below in “— Conditions to the Exchange Offer”) is satisfied.
The Initial Securities will be issued initially only to Exchanging Lenders who are either (i) QIBs in reliance on Rule 144A under the Securities Act (“Rule 144A”) or (ii) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S under the Securities Act (“Regulation S”).
The Borrower, the Subsidiary Guarantors, the Issuing Lender, the Swingline Lender, the Exchanging Lenders, the Additional Term Lenders, the Additional Revolving Lenders (together with the Additional Term Lenders, the “Additional Lenders”) and the Administrative Agent agree that on the Restatement Effective Date, the Existing Credit Agreement shall hereby be amended and restated in the form of the Amended and Restated Credit Agreement attached hereto as Exhibit A.
The proceeds of the New Refinancing Tranche B Term Loans shall be used solely to repay in full all Initial Tranche B Term Loans outstanding under the Credit Agreement immediately prior to the effectiveness hereof (the “ Existing Tranche B Term Loans ”), other than the Existing Tranche B Term Loans of the Exchanging Lenders that are exchanged for Exchanged Refinancing Tranche B Term Loans and deemed repaid pursuant to paragraph (d) below, and to pay related fees and expenses.
Xxxx Title: President and Chief Executive Officer Exchanging Lender By: Name: Title: *Signature pages of Exchanging Lenders are available upon request to the registrant.