Replacement Loan Documents definition
Examples of Replacement Loan Documents in a sentence
Such Replacement Loan Documents shall provide for a line of credit in the maximum principal amount of $45,000,000 and shall be satisfactory in all respects to Agent, each Lender, each Loan Party, and, as applicable, the parties to the Replacement Intercreditor Agreement (as defined below) and security agreement with respect to such Refinancing Indebtedness, all in such parties’ sole and absolute discretion.
Each Loan Party hereby understands and agrees that the Replacement Loan Documents may or may not provide for a collateral agent for the Collateral, and in the event that a collateral agent is provided for, such collateral agent shall be acceptable to the Agent and may, in the Agent’s sole discretion, be the Agent (such collateral agent, if applicable, being called, the “Replacement Collateral Agent”).
Notwithstanding anything to the contrary in that certain Eleventh Amendment to Loan and Security Agreement by and between Bank and Borrower dated as of December 4, 2014 (the “Eleventh Amendment”), Borrower hereby acknowledges and agrees that if Borrower, Malaysian Subsidiary and Bermuda Subsidiary fail to execute the Replacement Loan Documents, then Borrower shall pay the Eleventh Amendment Fee (as defined in the Eleventh Amendment) to Bank on September 25, 2015.
For purposes of clarification, no Eleventh Amendment Fee shall be charged if the Replacement Loan Documents are executed by Borrower, Malaysian Subsidiary and Bermuda Subsidiary.
If Borrower, Malaysian Subsidiary and Bermuda Subsidiary fail to execute such Replacement Loan Documents on a date not later than forty-five (45) days after the date of this Amendment (the “Replacement Loan Documents Due Date”), then Borrower shall be in immediate Event of Default under the Loan Agreement.