Refinancing Facility. The Borrower may, without the consent of any Lender, extend, refinance, renew or replace, in whole or in part, the Loans under any Facility or the Commitments under any revolving Facility with one or more term loan facilities (each, a “Refinancing Term Facility”) or one or more revolving credit facilities (each a “Refinancing Revolving Facility”) not to exceed the Maximum Number of Revolving Facilities (each Refinancing Term Facility and Refinancing Revolving Facility, a “Refinancing Facility”); provided that any such request for an Refinancing Facility shall be in a minimum amount equal to the lesser of (i) $25,000,000 and (ii) the entire amount of any Facility which is being extended, refinanced, renewed or replaced under this Section 2.16.
Refinancing Facility. The Borrower may, without the consent of any Lender, extend, refinance, renew or replace, in whole or in part, the Loans under any Facility with one or more term loan facilities (each, a “Refinancing Facility”); provided that any such request for an Refinancing Facility shall be in a minimum amount equal to the lesser of (i) $25,000,000 and (ii) the entire amount of any Facility which is being extended, refinanced, renewed or replaced under this Section 2.12.
Refinancing Facility. Notwithstanding the foregoing, this Agreement may be amended with the written consent of the Administrative Agent, the Borrower, the Issuing Banks, if applicable, and the Lenders providing the relevant refinancing facility to permit the refinancing, replacement or modification of outstanding Term Loans or outstanding Revolving Commitments (a “Refinanced Facility”), in whole or in part, with a replacement term loan tranche or revolving facility, as applicable, hereunder (a “Refinancing Facility”), provided that (a) the aggregate principal amount of such Refinancing Facility shall not exceed the aggregate principal amount of the applicable Refinanced Facility, (b) the Applicable Margin for such Refinancing Facility shall not be higher than the Applicable Margin for the applicable Refinanced Facility, (c) the weighted average life to maturity of such Refinancing Facility shall not be shorter than the weighted average life to maturity of the applicable Refinanced Facility at the time of such refinancing and (d) the other terms and conditions of such Refinancing Facility are either (i) consistent with the terms of this Agreement or (ii) otherwise reasonably acceptable to the Required Lenders, (e) after giving effect to the incurrence of Refinancing Facility (in the case of any Refinancing Facility in the form of a revolving credit facility, to the extent of any drawings to be made thereunder on the date of effectiveness of the related commitments) and the application of the net proceeds therefrom, (x) no Default or Event of Default shall have occurred and be continuing and (y) the Borrower shall be in pro forma compliance with Section 6.7, (f) there shall be no additional direct or contingent obligors with respect to such Refinancing Facility that are not, or will not become, Guarantors and (g) no Lender shall be obligated to provide any such Refinancing Facility.
Refinancing Facility. (a) Subject to the provisions of this Clause 2.4 (Refinancing Facility), the Obligors’ Agent may at any time and from time to time following the Refinancing Closing Date by giving not less than three (3) Business Days' notice (or such shorter period as may be agreed between the Obligors’ Agent and the Agent), incur indebtedness for the purposes of any refinancing, exchange or other replacement of all or any part of the Facilities including any Additional Facility (and of any refinancing thereof from time to time) (and all fees, costs, expenses, prepayment premium and similar incurred in connection with such refinancing, exchange or replacement) from time to time (a Refinancing) and the Obligors’ Agent may confirm that one or more Lenders or any other person or persons has agreed to commit to a Refinancing Facility (as defined below) by delivery of a notice to the Agent (such notice complying with paragraphs (c) and (f) below, being an Refinancing Facility Notice).
Refinancing Facility. The Borrower may, without the consent of any Lender, extend, refinance, renew or replace, in whole or in part, the Loans under any Facility with one or more term loan facilities (each, a “Refinancing Term Loan Facility” and the Loans thereunder, “Refinancing Term Loans”) or Revolving Credit Commitments under the Revolving Facility with one or more revolving credit facilities (each, a “Refinancing Revolving Facility” and together with a Refinancing Term Loan Facility, collectively, the “Refinancing Facilities” and each, a Refinancing Facility”); provided, that any such request for a Refinancing Facility shall be in a minimum amount equal to the lesser of (i) $20,000,000 and (ii) the entire amount of any Facility which is being extended, refinanced, renewed or replaced under this Section 2.16.
Refinancing Facility. The Borrower may, without the consent of any Lender, extend, refinance, renew or replace, in whole or in part, the Loans under any Facility or the Commitments under the Incremental Revolving Facility with one or more term loan facilities (each, a “Refinancing Term Facility”) or one or more revolving credit facilities (each, a “Refinancing Revolving Facility”) (each Refinancing Term Facility and Refinancing Revolving Facility, a “Refinancing Facility”); provided that any such request for a Refinancing Facility shall be in a minimum amount equal to the lesser of (i) $25,000,000 and (ii) the entire amount of any Facility which is being extended, refinanced, renewed or replaced under this Section 2.16.”
Refinancing Facility. The Borrower may extend, refinance, renew or replace, in whole or in part, the Loans under any Facility with one or more term loan facilities (each, a
Refinancing Facility. The definitive documentation will permit the Borrower to refinance loans under the Second Lien Facility (including any Additional Term Loans) from time to time, in whole or part, with one or more new term facilities (each, a “Refinancing Facility”) under the definitive documentation for the Second Lien Facility, with the consent of the Borrower, the Agent (not to be unreasonably withheld or delayed) and the institutions providing such Refinancing Facility; provided that (i) any Refinancing Facility does not mature prior to the maturity date of, or have a shorter weighted average life than, loans under the applicable portion of the Second Lien Facility being refinanced, (ii) the proceeds of such Refinancing Facility are immediately applied to permanently repay in whole or in part the applicable portion of the Second Lien Facility being refinanced and shall not be in an aggregate principal amount greater than the aggregate principal amount of the Second Lien Facility being refinanced, (iii) there are no direct or indirect obligors in respect of the Refinancing Facilities that are not the Borrower or Guarantors and (iv) the other terms and conditions of such Refinancing Facility (excluding pricing and optional prepayment or redemption terms) are substantially identical to, or no more favorable (taken as a whole) to the investors providing such Refinancing Facility than, those applicable to the portion of the Second Lien Facility being refinanced (except for covenants or other provisions applicable only to periods after the latest final maturity date of the Second Lien Facility existing at the time of such refinancing).
Refinancing Facility. The Borrower may, without the consent of any Lender, extend, refinance, renew or replace, in whole or in part, the Loans under any Facility or the Commitments under the Revolving Facility with one or more term loan facilities (each, a “Refinancing Term Facility”) or one or more revolving credit facilities and/or letter of credit facilities, including the LC Agreement (each, a “Refinancing Revolving Facility”) (each Refinancing Term Facility and Refinancing Revolving Facility, a “Refinancing Facility”); provided that any such request for a Refinancing Facility shall be in a minimum amount equal to the lesser of (i) $25,000,000 and (ii) the entire amount of any Facility which is being extended, refinanced, renewed or replaced under this Section 2.16. For the avoidance of doubt, (x) a Refinancing Facility may be provided to the Borrower under a credit facility agreement other than this Agreement, including the LC Agreement, and (y) each facility in place under the LC Agreement on the Closing Date (as defined in the LC Agreement) shall constitute a Refinancing Facility.”
Refinancing Facility. The Borrower may, without the consent of any Lender, extend, refinance, renew or replace, in whole or in part, the Tranche A Term Loans under any Facility with one or more term loan facilities (each, a “Refinancing Term Loan Facility” and the Loans thereunder, “Refinancing Term Loans”); provided, that any such request for a Refinancing Facility shall be in a minimum amount equal to the lesser of (i) $20,000,000 and (ii) the entire amount of any Facility which is being extended, refinanced, renewed or replaced under this Section 2.16.
