Equal and Ratable Benefit. The Incremental Term Loans and Incremental Term Loan Commitments established pursuant to this [Section 2.4] shall constitute Term Loans and Commitments under, and shall be entitled to all the benefits afforded by, this Agreement and the other Loan Documents, and shall, without limiting the foregoing, benefit equally and ratably from security interests created by the Security Documents and the guarantees of the Guarantors. The Loan Parties shall take any actions reasonably required by the Administrative Agent to ensure and/or demonstrate that the Lien and security interests granted by the Security Documents continue to be perfected under the Uniform Commercial Code or otherwise after giving effect to the establishment of any such class of Incremental Term Loans or any such Incremental Term Loan Commitments.
Equal and Ratable Benefit. The Loans and Commitments established pursuant to this Section 2.13 shall constitute Loans and Commitments under, and shall be entitled to all the benefits afforded by, this Agreement and the other Loan Documents, and shall, without limiting the foregoing, benefit equally and ratably from the Guaranties and in any granting of Collateral following the occurrence of a Collateral Trigger Event. Following the Collateral Event Trigger Date, subjectthe security interests created by the Pledge Agreement. Subject to Section 6.09, the Loan Parties shall take any actions reasonably required by the Administrative Agent to ensure and/or demonstrate that the Lien and security interests granted by the Pledge Agreement continue to secure all Obligations and continue to be perfected under the UCC or otherwise after giving effect to the establishment of any Incremental Facility or the funding of Loans thereunder.
Equal and Ratable Benefit. The Loans and Commitments established pursuant to this [Section 2.15] shall constitute Loans and Commitments under, and shall be entitled to all the benefits afforded by, this Agreement and the other Loan Documents, and shall, without limiting the foregoing, # benefit equally and ratably from the Guaranty and the Collateral and # not have any borrower or guarantors other than the Borrower and the Guarantors or benefit from any collateral other than the Collateral. Term Loans under any Increased Term Loan Commitments shall have terms identical to the terms of the existing Term Loans (and the existing Term Loan Commitments) of the relevant Term Facility hereunder; provided, however, that # upfront fees or original issue discount may be paid to Lenders providing such Increased Term Loan Commitments as agreed by such Lenders and Borrower, # the conditions applicable to the incurrence of such Increased Term Loan Commitments shall be as provided in this [Section 2.15] and # the Amortization Amount with respect to the Term Loans of the relevant Term Facility shall be increased such that, after giving effect to the incurrence of such Increased Term Loan Commitment, the amount payable pursuant to Section 2.07 with respect to any Term Loans of the relevant Term Facility that were outstanding immediately prior to such incurrence shall not be less than the amount that would have been payable thereunder in the absence of such incurrence. Any Increased Revolving Commitments shall have terms identical to the terms of the existing Revolving Commitments of the relevant Revolving Credit Facility hereunder; provided, however, that # upfront fees may be paid to Lenders providing such Increased Revolving Commitments as agreed by such Lenders and Borrower and # the conditions applicable to the incurrence of such Increased Revolving Commitments shall be as provided in this [Section 2.15].
. If any Lender obtains any payment or reduction of any Obligation, whether through set-off or otherwise, in excess of its ratable share of such Obligation, such Lender shall forthwith purchase from Secured Parties participations in the affected Obligation as are necessary to share the excess payment or reduction on a Pro Rata basis or in accordance with Section 5.6.2, as applicable. If any of such payment or reduction is thereafter recovered from the purchasing Lender, the purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest. Notwithstanding the foregoing, if a Defaulting Lender obtains a payment or reduction of any Obligation, it shall immediately turn over the full amount thereof to Agent for application under [Section 4.2.2] and it shall provide a written statement to Agent describing the Obligation affected by such payment or reduction.
Equal Treatment. In connection with any Acquisition Transaction, the price per share of Common Stock received by the Hill Path Affiliates in connection with such Acquisition Transaction shall be identical to the price per share of Common Stock received by the other holders of Common Stock of the Company in connection with such Acquisition Transaction. If the form of consideration per share of Common Stock received by Hill Path Affiliates in connection with any Acquisition Transaction is not identical to the form of consideration per share of Common Stock received by the other holders of Common Stock of the Company, the Hill Path Designees shall recuse themselves from the consideration, evaluation and other processes of the Board or any duly authorized committee thereof with respect to such Acquisition Transaction.
Equal Treatment. For six (6) months following the date hereof, no consideration (including any modification of any Transaction Document) shall be offered or paid to any Holder to amend or consent to a waiver or modification of any provision of the Existing Warrants unless the same consideration is also offered on a ratable basis to all Holders. For clarification purposes, this provision constitutes a separate right granted to each Holder by the Company and negotiated separately by each Holder, and is intended for the Company to treat the Holders as a class and shall not in any way be construed as the Holders acting in concert or as a group with respect to the purchase, disposition or voting of Company securities or otherwise.
Equal Consideration. No consideration has been offered or paid to any person to amend or consent to a waiver, modification, forbearance or otherwise of any provision of any of the Underwriting Agreement or the Existing Warrants.
Equal Opportunity. The purchase of the Bonds by the Sponsor or its Affiliates did not violate any applicable federal, state and local laws and regulations, which if violated would materially and adversely affect the enforceability of the Bond Mortgage, including but not limited to each of the following and regulations issued under each of the following:
““Prepayment Premium” shall be an additional fee, payable to Agent, for the ratable benefit of the Lenders based on their Pro Rata Share, with respect to the Term Loan Advances, in an amount equal to:
the Agent shall have received, for the ratable benefit of the Lenders from the Company an extension fee in aggregate amount equal to 0.075% of the aggregate Revolving Commitments on the date of such extension;
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