FILO Tranche definition

FILO Tranche as defined in Subsection 2.6(b)(iv).

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FILO Tranche has the meaning specified in Section 2.6(c).

FILO Tranche shall have the meaning specified in Section 2.17(c).

Examples of FILO Tranche in a sentence

The Agent and the Lenders hereby agree that the minimum borrowing, pro rata borrowing, and pro rata payment requirements contained elsewhere in this Agreement shall not apply to the transactions effected pursuant to the immediately preceding sentence or pursuant to a FILO Tranche.
Such reductions shall be applied pro rata to the Aggregate Commitments; provided that, if a FILO Tranche is outstanding, such reductions may be applied first to such FILO Tranche so long as the Borrowers shall be in pro forma compliance with the Payment Conditions.
The Borrowers shall provide the applicable FILO Extension Request at least ten (10) Business Days (or such shorter period as may be agreed by the Administrative Agent) prior to the date on which Lenders under the Existing FILO Tranche are requested to respond, and shall agree to such procedures, if any, as may be established by, or acceptable to, the Administrative Agent, in each case acting reasonably, to accomplish the purposes of this Section 2.17.
To the extent there is a FILO Tranche outstanding at the time of the reduction of all or a portion of the Revolving Loan Commitment under this Section 2.5, such reduction shall be applied first to the non-FILO Tranche of Revolving Loans; provided, that with respect to any prepayment of Revolving Loans made in connection with such reduction, the Borrowers shall be permitted to prepay the Revolving Loans (other than any Revolving Loans under the FILO Tranche) on a greater than pro rata basis.
Other than in connection with a FILO Tranche, the Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.

More Definitions of FILO Tranche

FILO Tranche has the meaning specified in Section 2.15(e)(iv).

FILO Tranche has the meaning assigned to such term in Section 2.18(d).

FILO Tranche a Tranche of Additional Commitments that is established pursuant to subsection 2.6 with respect to which loans incurred thereunder shall rank junior in right of payment to the Revolving Loans and which will be subject to the same Borrowing Base and other terms applicable to the Revolving Loans, other than with respect to the FILO Borrowing Base Mechanics.

FILO Tranche means Indebtedness of the Borrowers; provided that (x) any loans and related obligations in respect of the FILO Tranche are (1) not to be guaranteed by any Person other than the Guarantors, (2) not to be secured by any assets other than a Lien on the Collateral that is junior to the Lien on the Collateral securing the Obligations and (3) documented in a credit agreement and other loan documents that are separate from this Agreement and the other Loan Documents (other than the intercreditor agreement referred to in clause (z)); (y) there shall be no scheduled amortization or mandatory prepayments required with respect to the loans and related obligations in respect of the FILO Tranche prior to the maturity of the Facilities and (z) as a condition to incurring such Indebtedness, the lenders providing the FILO Tranche will enter into an intercreditor agreement with respect to a junior Lien on the Collateral securing the loans and related obligations in respect of the FILO Tranche that will be reasonably satisfactory to the Administrative Agent and unless the Administrative Agent agrees, will otherwise provide that such junior Lien will be “silent”.

FILO Tranche as defined in Section 2.10(c).

FILO Tranche has the meaning specified in Section 2.15(f). “Financed Capital Expenditures” shall mean, with respect to any Person and for any period, Capital Expenditures made by such Person during such period that are financed with the proceeds of Indebtedness (other than Credit Extensions) or net proceeds of any Disposition, net proceeds of any casualty event, any incurrence of Indebtedness (other than Credit Extensions) or any issuance of Equity Interests (other than Disqualified Stock or any other issuance of Equity Interests which increases any available basket hereunder). “Financial Covenant” means the covenant specified in Section 7.15. “Fiscal Month” means each monthly accounting period of the Lead Borrower calculated in accordance with the National Retail Federation calendar. “Fiscal Quarter” means each quarterly accounting period of the Lead Borrower consisting of successive 13-week periods (each such 13 week period to begin on a Sunday and end on a Saturday) of the Lead Borrower of any Fiscal Year; provided that for any 53-week Fiscal Year, the last Fiscal Quarter

FILO Tranche has the meaning assigned to such term in Section 2.18(e). “Financial Covenant Cross Default” has the meaning specified in Section 7.01(d). “Financial Covenant Event of Default” has the meaning specified in Section 7.01(d). “Financial Officer” means the chief financial officer, principal accounting officer, treasurer or controller of the Borrower. “First Lien Intercreditor Agreement” means an Intercreditor Agreement, substantially in the form of Exhibit F, among the Collateral Agent and the Senior Representatives for one or more classes of