Subsequent Borrowing definition
Examples of Subsequent Borrowing in a sentence
The proceeds of any Loans made on any Subsequent Borrowing Date will be used to provide funding for additional consideration, fees and expenses that are then payable or are reasonably expected to be payable in connection with (x) the purchase of any shares of the Target tendered during any subsequent offering period pursuant to the Acquisition Documents (if applicable) and (y) the consummation of the Merger.
The requested initial Fixed Period applicable to any new Loan arising as a result of a Borrowing shall be requested in the Notice of Borrowing, which shall be delivered in connection with the applicable Subsequent Borrowing.
The requested initial Fixed Period applicable to any new Loan arising as a result of a Borrowing shall be requested in the Notice of Borrowing which shall be delivered in connection with the applicable Subsequent Borrowing.
It is understood and agreed that the representations and warranties set forth in Section 4.01 and Section 4.02 are made and accurate on the Closing Date, at the time of the initial Borrowing, and on each Subsequent Borrowing Date and Remittance Date thereafter.
It is understood and agreed that the representations and warranties set forth in Section 4.01 are made on the date of this Agreement (which representations and warranties shall survive the execution and delivery of this Agreement), at the time of the initial Borrowing, and on each Subsequent Borrowing Date and Remittance Date thereafter.
It is understood and agreed that the representations and warranties set forth in Section 4.01 and Section 4.02 are made and true and correct on the date of this Agreement, at the time of the initial Borrowing, and on each Subsequent Borrowing Date and Remittance Date thereafter.
The Commitments shall terminate on the earlier of (x) the Final Funding Date immediately after giving effect to the Subsequent Borrowing and (y) the Termination Date.
Following the execution of each Joining Lender Agreement, the Borrowers shall deliver a Borrowing Notice to the Payment Agent, which Borrowing Notice shall be substantially in the form of Exhibit C and shall include (i) the date that the Borrowers desire to receive the Facility Increase Amount to be advanced by the applicable Joining Lender (the “Subsequent Borrowing Date”) and (ii) a request for that Facility Increase Amount; provided that there shall be no more than two Subsequent Borrowing Dates.
Each Lender’s Commitment shall (x) automatically and permanently be reduced by the amount of each Loan made hereunder and all remaining Commitments shall terminate upon the Subsequent Borrowing, and (y) terminate immediately and without further action on the Maturity Date.
The Joining Lender hereby acknowledges, agrees, and confirms that from and after the Subsequent Borrowing Date, it shall be bound by the provisions of the Amended and Restated Loan Agreement and other Loan Documents to which it is bound as a Lender thereunder and, to the extent of the Facility Increase Amount being advanced by it, shall have the obligations of a Lender thereunder.