Tranche 1 Borrowing means a borrowing consisting of simultaneous Tranche 1 Loans of the same Type, in the same currency and, in the case of Eurocurrency Rate Loans, having the same Interest Period made by each of the Tranche 1 Lenders pursuant to Section 2.01.
Tranche 1 Borrowing means a borrowing consisting of simultaneous Tranche 1 Loans of the same Type, in the same currency and, in the case of Eurocurrency Rate Loans or Alternative Currency Term Rate Loans, having the same Interest Period made by each of the Tranche 1 Lenders pursuant to Section 2.01(a).
Tranche 1 Borrowing means a borrowing consisting of simultaneous Tranche 1 Loans of the same Type and, in the case of Eurocurrency Loans, having the same Interest Period, made by each of the Tranche 1 Lenders pursuant to Section 2.01(a).
Examples of Tranche 1 Borrowing in a sentence
On the Tranche 1 Borrowing Date, the Borrower shall pay to the Agent (for the pro rata benefit of the Lenders) a fee equal to two million five hundred thousand dollars ($2,500,000) (the “Upfront Fee”).
The outstanding principal amount of the Loans, as well as the amount of all other outstanding Obligations, shall accrue interest at the Interest Rate on and from the Tranche 1 Borrowing Date.
The Agent shall have received on or prior to the Tranche 1 Borrowing Date fully executed account control agreements, which shall be in form and substance reasonably acceptable to the Agent, with respect to certainDeposit Accounts, Securities Accounts, Commodities Accounts, lockboxes and other similar accounts of each Obligor, to the extent necessary to comply with Section 10.01.
The obligation of each Lender to make its Tranche 3 Loan on the Tranche 3 Borrowing Date shall be subject to the prior making of the Tranche 1 Loan on the Tranche 1 Borrowing Date, the prior making of the Tranche 2 Loan on the Tranche 2 Borrowing Date, the delivery of a Borrowing Notice as required pursuant to Section 2.02 and the prior or concurrent satisfaction (or waiver thereof by the Agent) of each of the conditions precedent set forth below in this Section 6.03.
The Agent shall have received a solvency certificate substantially in the form of Exhibit I, duly executed and delivered by the chief financial or accounting Responsible Officer of the Borrower, dated as of the Tranche 1 Borrowing Date, in form and substance reasonably satisfactory to the Agent.
Resolution 2022‐21 – Consideration and Approval of Contract Amendment Number 9 to the Professional Service Agreement with Blanton & Associates, Inc.
The obligation of each Lender to make its Tranche 2 Loan on the Tranche 2 Borrowing Date shall be subject to the prior making of the Tranche 1 Loan on the Tranche 1 Borrowing Date, the delivery of a Borrowing Notice as required pursuant to Section 2.02 and the prior or concurrent satisfaction (or waiver thereof by the Agent) of each of the conditions precedent set forth below in this Section 6.02.
Implementation of Alternative A would result in continued rockfall, which is a natural occurrence.
More Definitions of Tranche 1 Borrowing
Tranche 1 Borrowing means a borrowing consisting of simultaneous Tranche 1 Loans of the same Type, in the same currency and, in the case of Eurocurrency Rate Loans, having the same Interest Period made by each of the Tranche 1 Lenders pursuant to Section 2.01(a). “Tranche 1 Commitment” means, as to each Tranche 1 Lender, its obligation to (a) make Tranche 1 Loans to the Borrowers pursuant to Section 2.01(a), (b) purchase participations in L/C Obligations, and (c) purchase participations in Swing Line Loans, in an aggregate principal amount at any one time outstanding not to exceed the Dollar amount set forth opposite such Tranche 1 Lender’s name on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Tranche 1 Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement. “Tranche 1 Lender” means a Lender with a Tranche 1 Commitment, holding Tranche 1 Loans or holding participations in any L/C Obligations or Swing Line Loans and, as the context requires, includes a Tranche 1 Lender in its capacity as an L/C Issuer and (in the case of Bank of America) as Swing Line Dollar Lender and Swing Line Lender and (in the case of each of Bank of America and Citibank, N.A.) as Swing Line Euro Lender and Swing Line Lender. “Tranche 1 Loan” has the meaning specified in Section 2.01(a). “Tranche 2” means the Tranche 2 Commitments. 32
Tranche 1 Borrowing means a borrowing consisting of simultaneous Tranche 1 Loans of the same Type and, in the case of Eurocurrency RateTerm Benchmark Loans, having the same Interest Period made by each of the Tranche 1 Lenders pursuant to Section 2.01(a). “Tranche 1 Commitment” means, as to each Tranche 1 Lender, its obligation to make Tranche 1 Loans to the Borrower pursuant to Section 2.01(a), in an aggregate principal amount at any one time outstanding not to exceed the Dollar amount set forth opposite such Tranche 1 Lender’s name on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Tranche 1 Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement. “Tranche 1 Lender” means a Lender with a Tranche 1 Commitment or holding Tranche 1 Loans. “Tranche 1 Loan” has the meaning specified in Section 2.01(a). “Tranche 1 Maturity Date” means the date that is 18 months after the Closing Date. “Tranche 2 Borrowing” means a borrowing consisting of simultaneous Tranche 2 Loans of the same Type and, in the case of Eurocurrency RateTerm Benchmark Loans, having the same Interest Period made by each of the Tranche 2 Lenders pursuant to Section 2.01(b). “Tranche 2 Commitment” means, as to each Tranche 2 Lender, its obligation to make Tranche 2 Loans to the Borrower pursuant to Section 2.01(b) in an aggregate principal amount at any one time outstanding not to exceed the Dollar amount set forth opposite such Tranche 2 Lender’s name on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Tranche 2 Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement. “Tranche 2 Lender” means a Lender with a Tranche 2 Commitment or holding Tranche 2 Loans. “Tranche 2 Loan” has the meaning specified in Section 2.01(b). “Tranche 2 Maturity Date” means the date that is three years after the Closing Date. “Tranche 1 Ticking Fee” has the meaning specified in Section 2.09(a)(i). “Tranche 2 Ticking Fee” has the meaning specified in Section 2.09(a)(ii). “Transactions” means, collectively, any and all of the following (whether or not consummated): (i) the Combination Transactions, (ii) the entry into the Transaction Agreements and all the transactions thereunder, (iii) the entry into this Agreement, and the initial incurrence of Indebtedness hereunder and (iv) all other transactions relating to any of the foregoing (including payment...
Tranche 1 Borrowing means a borrowing consisting of simultaneous Tranche 1 Loans of the same Type, in the same currency and, in the case of Eurocurrency RateTerm SOFR Loans or Alternative Currency Term Rate Loans, having the same Interest Period made by each of the Tranche 1 Lenders pursuant to Section 2.01(a). “Tranche 1 Commitment” means, as to each Tranche 1 Lender, its obligation to (a) make Tranche 1 Loans to the Borrowers pursuant to Section 2.01(a), (b) purchase participations in L/C Obligations, and (c) purchase participations in Swing Line Loans, in an aggregate principal amount at any one time outstanding not to exceed the Dollar amount set forth opposite such Tranche 1 Lender’s name on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Tranche 1 Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement. “Tranche 1 Facility Fee” has the meaning specified in Section 2.09(a)(i). “Tranche 1 Lender” means a Lender with a Tranche 1 Commitment, holding Tranche 1 Loans or holding participations in any L/C Obligations or Swing Line Loans and, as the context requires, includes a Tranche 1 Lender in its capacity as an L/C Issuer, as a Swing Line Dollar Lender or a Swing Line Euro Lender, as applicable. “Tranche 1 Loan” has the meaning specified in Section 2.01(a). “Tranche 2” means the Tranche 2 Commitments. “Tranche 2 Borrowing” means a borrowing consisting of simultaneous Tranche 2 Loans of the same Type, in the same currency and, in the case of Eurocurrency RateTerm SOFR Loans or Alternative Currency Term Rate Loans, having the same Interest Period made by each of the Tranche 2 Lenders pursuant to Section 2.01(b). “Tranche 2 Commitment” means, as to each Tranche 2 Lender, its obligation to make Tranche 2 Loans to the Borrowers pursuant to Section 2.01(b) in an aggregate principal amount at any one time outstanding not to exceed the Dollar amount set forth opposite such Tranche 2 Lender’s name on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Tranche 2 Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement. “Tranche 2 Facility Fee” has the meaning specified in Section 2.09(a)(ii). “Tranche 2 Lender” means a Lender with a Tranche 2 Commitment or holding Tranche 2 Loans. “Tranche 2 Loan” has the meaning specified in Section 2.01(b). “Transaction Agreements” has the meaning specified in ...
Tranche 1 Borrowing means a borrowing consisting of Tranche 1 Loans made on the same day by the Lenders in accordance with their respective Proportionate Share of the Commitment in an aggregate principal amount of $35,000,000. “Tranche 1 Loan” means each loan advanced by a Lender pursuant to Section 2.01(a) as part of a Tranche 1 Borrowing. “Tranche 2 Borrowing” means a borrowing consisting of Tranche 2 Loans made on the same day by the Lenders in accordance with their respective Proportionate Share of the Commitment in an aggregate principal amount of $15,000,000. “Tranche 2 Loan” means each loan advanced by a Lender pursuant to Section 2.01(a) as part of a Tranche 2 Borrowing. “Tranche 3 Borrowing” means a borrowing consisting of Tranche 3 Loans made on the same day by the Lenders in accordance with their respective Proportionate Share of the Commitment in an aggregate principal amount of $25,000,000. “Tranche 3 Loan” means each loan advanced by a Lender pursuant to Section 2.01(a) as part of a Tranche 3 Borrowing. “Transactions” means the execution, delivery and performance by each Obligor of this Agreement and the other Loan Documents to which such Obligor is intended to be a party, and the Borrowings (and the use of the proceeds of the Loans), the consummation of the purchase and sale of the Shares in connection with the exercise of the Share Purchase Option under and in accordance with the Option Agreement and the consummation of the other transactions contemplated by this Agreement and the other Loan Documents. “UCC” means the Uniform Commercial Code in effect in the State of New York; provided, however, that in the event that, by reason of mandatory provisions of Law, any or all of the attachment, perfection, or priority of, or remedies with respect to the Administrative Agent’s Lien on any Collateral is governed by the Uniform Commercial Code in effect in a jurisdiction other than the State of New York, the term “UCC” shall mean the Uniform Commercial Code as enacted and in effect in such other jurisdiction solely for purposes of the provisions thereof relating to such attachment, perfection, priority or remedies, and for purposes of definitions relating to such provisions. “U.S. Government Securities Business Day” means any day except for (a) a Saturday, (b) a Sunday or (c) a day on which the Securities Industry and Financial Markets Association recommends that the fixed income departments of its members be closed for the entire day for purposes of trading in United...
Tranche 1 Borrowing means a borrowing consisting of Tranche 1 Loans made on the same day by the Lenders in accordance with their respective Proportionate Share of the Commitment in an aggregate principal amount of $35,000,000. “Tranche 1 Loan” means each loan advanced by a Lender pursuant to Section 2.01(a) as part of a Tranche 1 Borrowing. “Tranche 2 Borrowing” means a borrowing consisting of Tranche 2 Loans made on the same day by the Lenders in accordance with their respective Proportionate Share of the Commitment in an aggregate principal amount of $15,000,000. “Tranche 2 Loan” means each loan advanced by a Lender pursuant to Section 2.01(a) as part of a Tranche 2 Borrowing. “Tranche 3 Borrowing” means a borrowing consisting of Tranche 3 Loans made on the same day by the Lenders in accordance with their respective Proportionate Share of the Commitment in an aggregate principal amount of $25,000,000. “Tranche 3 Loan” means each loan advanced by a Lender pursuant to Section 2.01(a) as part of a Tranche 3 Borrowing. “Transactions” means the execution, delivery and performance by each Obligor of this Agreement and the other Loan Documents to which such Obligor is intended to be a party, and the Borrowings (and the use of the proceeds of the Loans), the consummation of the purchase and sale of the Shares in connection with the exercise of the Share Purchase Option under and in accordance with the Option Agreement and the consummation of the other transactions contemplated by this Agreement and the other Loan Documents. “UCC” means the Uniform Commercial Code in effect in the State of New York; provided, however, that in the event that, by reason of mandatory provisions of Law, any or all of the attachment, perfection, or priority of, or remedies with respect to the Administrative Agent’s Lien on any Collateral is governed by the Uniform Commercial Code in effect in a jurisdiction other than the State of New York, the term “UCC” shall mean the Uniform Commercial Code as enacted and in effect in such other jurisdiction solely for purposes of the provisions thereof relating to such attachment, perfection, priority or remedies, and for purposes of definitions relating to such provisions. “U.S. Government Securities Business Day” means any day except for (a) a Saturday, (b) a Sunday or (c) a day on which the Securities Industry and Financial Markets Association recommends that the fixed income departments of its members be closed for the entire day for purposes of trading in United...