Examples of Term D Lender in a sentence
This Amendment will become effective upon receipt by the Administrative Agent of executed signature pages hereto from the Requisite Lenders under and as defined in the Credit Agreement, each Term D Lender and each of the other parties listed on the signature pages hereto.
Without prejudice to its rights at law, following a Default which is continuing each Finance Party (other than the Term D Lender) may set off any matured obligation owed by a Borrower under any Financing Document against any obligation (whether or not matured) owed by the relevant Finance Party to that Borrower, regardless of the place of payment, booking branch or currency of either obligation.
Each Term D Lender, severally and for itself alone, hereby agrees, on the terms and subject to the conditions hereinafter set forth and those set forth in the First Amendment and in reliance upon the representations and warranties set forth herein and in the other Loan Documents, to make a loan (each such loan, a “Term D Loan” and collectively, the “Term D Loans”) to Company on the First Amendment Effective Date in an aggregate principal amount equal to the Term D Commitment of such Term D Lender.
For the purposes of this Clause 13, any reference to a Bank or Banks or Party or Parties shall not include the Term D Lender.
The Term D Lender shall not have the benefit of any undertaking given in this Clause 12.
Term D Loans may be part of an Advance from time to time to Fund Project Costs in accordance with the Loan Documents or, at the option of a Term D Lender, may be made in a single Borrowing directly into the Bank Proceeds Account (for purposes of the Disbursement Agreement, any Term D Loan advanced to the Bank Proceeds Account shall be deposited into the Term B Sub-Account and disbursed therefrom as a Term B Loan in accordance with the Disbursement Agreement and the Fourth Amendment to Credit Agreement).
The Facility Agent shall promptly notify each Bank (other than the Term D Lender) of the currency and the Original Euro Amount of each Revolving Advance.
The 2019 Term A Commitment of each 2019 Term A Lender, the 2017 Term E Commitment of each 2017 Term E Lender and the 2021 Term D Commitment of each 2021 Term D Lender shall, in each case, terminate in accordance with the Third Amendment and Restatement Agreement.
The Facility Agent may (after consultation with the Banks (other than the Term D Lender)) notify Dynea that any references in this Agreement to a Business Day, day-count fraction or other convention (whether for the calculation of interest, determination of payment dates or otherwise) shall, if different, be amended to comply with any generally accepted conventions and market practice from time to time applicable to Euro denominated obligations in the London interbank market.
Subject to the terms and conditions set forth in this Amendment and in the Credit Agreement, (x) each Lender (such Lenders constituting the Required Lenders or the Required Revolving Lenders, as applicable) party hereto consents to the terms of this Amendment as set forth in Exhibit A hereto), (y) the U.S. Term D Lender agrees to provide U.S. Term D Loans and (z) each U.S. Revolving Lender listed on Schedule II hereto and each Canadian Revolving Lender consents to the terms of this Amendment.