Term A Loan Notes definition
Examples of Term A Loan Notes in a sentence
This Note is one of the Term A Loan Notes referred to in, and is entitled to the benefits of, the Credit Agreement, dated as of October [__], 2010 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders and Issuers party thereto, the other parties party thereto, and the Agent.
This Amendment and the New Term A Loan Notes have been duly executed and delivered by the Borrower and this Amendment, the New Term A Loan Notes and the Amended Agreement are the legally valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.
The execution and delivery by the Borrower of this Amendment and the New Term A Loan Notes and the performance by the Borrower of the Amended Agreement and the payment of the New Term A Loan Notes do not and will not require any registration with, consent or approval of, notice to, or other action to, with or by, any federal, state or other governmental authority or regulatory body.
The execution and delivery of this Amendment and of the New Term A Loan Notes and the performance of the Amended Agreement and the payment of the New Term A Loan Notes have been duly authorized by all necessary corporate action on the part of the Borrower.
This Term A Loan Note is one of the Term A Loan Notes referred to in the Credit Agreement dated as of September 7, 2012 among the Borrower, the Administrative Agent, the other agents and the lenders signatory thereto (including the Lender), and evidences Term A Loans made by the Lender thereunder (such Credit Agreement as the same may be amended, supplemented or restated from time to time, the “Credit Agreement”).
Without limiting the generality of the foregoing, each Credit Support Party hereby acknowledges and confirms the understanding and intent of such party that, upon the effectiveness of this Amendment, and as a result thereof, the definition of "Obligations" contained in the Amended Agreement includes the obligations of the Borrower under the New Term A Loan Notes.
In connection therewith, the Borrower shall deliver an opinion of counsel, addressed to the Lenders and the Agent, relating to the due authorization, execution and delivery of such new Revolving Credit Notes, Term A Loan Notes, Term Loan B Notes, Bid Loan Notes and Swing Loan Note and the enforceability thereof, in form and substance substantially similar to the opinion delivered in connection with the first disbursement under this Agreement.
The Borrower has all requisite corporate power and authority to enter into this Amendment and to carry out the transactions contemplated by, and perform its obligations under, the Credit Agreement as amended by this Amendment (the "Amended Agreement") and to issue the New Term A Loan Notes.
The New Term A Loan Notes executed by the Borrower on the Second Amendment Effective Date.
In connection therewith, the Borrower shall deliver an opinion of counsel, addressed to the Lenders and the Agent, relating to the due authorization, execution and delivery of such new Revolving Credit Notes, Term A Loan Notes, Term Loan B Notes and Swing Loan Note and the enforceability thereof, in form and substance substantially similar to the opinion delivered in connection with the first disbursement under this Agreement.