Definition of Term Commitment Expiration Date


Term Commitment Expiration Date means (i) if the Borrower and MergerCo have accepted for payment in the Tender Offer on the Effective Date a number of shares of common stock of the Company which, when combined with the number of shares of common stock of the Company that MergerCo could then acquire pursuant to the exercise of the Top-Up Option, would equal or exceed 90% of the outstanding shares of common stock of the Company, the Effective Date and (ii) otherwise, the date that is the earlier of the Merger Date and the 90th day after the Effective Date (or if such day is not a Business Day, the immediately preceding Business Day).
Sample 1

Examples of Term Commitment Expiration Date in a sentence

The Delayed Draw Term Commitments shall terminate on the Delayed Draw Term Commitment Expiration Date.
The Delayed Draw Term Commitments shall be reduced by the amount of any Borrowing pursuant to Section 2.01(a)(ii) and shall terminate at the Delayed Draw Term Commitment Expiration Date.
The commitment fees for the Delayed Draw Term Commitments shall accrue at all times from the Closing Date until the Delayed Draw Term Commitment Expiration Date, including at any time during which one or more of the conditions in Article IV is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the Delayed Draw Term Commitment Expiration Date.
The commitment fees for the Delayed Draw Term Commitments shall accrue at all times from the Closing Date until the Delayed Draw Term Commitment Expiration Date, and shall be due and payable quarterly in arrears on the last Business Day of each June and September, commencing with the first such date to occur after the Closing Date, on the Delayed Draw Term Commitment Expiration Date and upon any termination of the Delayed Draw Term Commitments.
The commitment fees for a Delayed Draw Term Commitment shall accrue at all times from the Closing Date until the Delayed Draw Term Commitment Expiration Date, including at any time during which one or more of the conditions in Article IV is not met, and shall be due and payable quarterly in arrears on the last Business Day of December 2007 and March, June and September of 2008, and on the Delayed Draw Term Commitment Expiration Date.