Examples of Terminating Lenders in a sentence
The transfer of Commitments or outstanding Loans from Terminating Lenders to Purchasing Lenders or non‑Terminating Lenders shall take place on the effective date of, and pursuant to the execution, delivery, acceptance and recording of, an Assignment and Acceptance in accordance with the procedures set forth in Section 11.12.
If the aggregate amount of the proposed increases to Committed Sums of all non‑Terminating Lenders making such an election equals the aggregate Committed Sums of the Terminating Lenders, the respective Committed Sums of such non‑Terminating Lenders shall be increased by the respective amounts of their proposed increases, so that after giving effect to such termination and increases, the amount of the Aggregate Committed Sum will be the same as prior to such termination.
Upon funding of the initial Loans by the Bank as a Lender under this Agreement the proceeds thereof (in excess of the principal amount of the Original Loan of the Bank renewed and continued as referenced in the preceding sentence) shall be used to pay and discharge in full the Original Loans and Original Revolving Notes of each Terminating Lender and the Bank, as a Lender under this Agreement, shall be subrogated to all rights of the Terminating Lenders in respect thereof.
Upon receipt of the Pay-Off Amount in full in cash by the Administrative Agent for the account of the respective Terminating Lenders, the Commitments of the Terminating Lenders shall be terminated and all Obligations of the Borrower in respect of the outstanding Loans held by the Terminating Lenders shall be paid and discharged in full.
The Borrowers shall use the proceeds of the initial Loans to (a) pay and discharge all Original Loans of the Terminating Lenders, (b) renew and continue (but not extinguish) the Original Loan of the Bank and (c) pay costs, fees and expenses in connection with this Agreement.
Exhibit A attached hereto sets forth the pay-off figures for all Obligations owed to the Terminating Lenders, including all principal, interest, fees and other amounts owing (including estimated breakage fees, if any) under the Credit Agreement and the other Loan Documents as of February 28, 2007 and any per diem figures to the extent the pay-off occurs after February 28, 2007 (collectively, the "Pay-Off Amount").
The Administrative Agent shall have received signed signature pages to this First Amendment from the Borrower, Citibank, N.A. (as Administrative Agent, Lender and Issuing Lender), Xxxxxxx Sachs Bank USA, Apple Bank for Savings, Columbia State Bank, the Terminating Lenders and the Consenting Lenders.
The Borrowers shall have paid to the Agent for the pro rata account of all Lenders (other than Terminating Lenders) an amendment fee equal to three-eighths of one percent (0.375%) times the aggregate Commitments of all Lenders as of the Fifth Amendment Effective Date, after giving effect to the Fifth Amendment.
As of and on the Effective Date the Company shall have (i) repaid all Loans from the Terminating Lenders, together with accrued interest thereon, and (ii) all accrued and unpaid commitment fees and all other amounts due the Terminating Lenders.
The Administrative Agent will thereafter pay to the Tranche A Terminating Lenders principal and accrued interest on the Tranche A Loans assigned by such Lenders.