Example ContractsClausesExisting Loans
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Existing Revolving Loans. Borrower acknowledges and agrees that certain of the Original Lenders made revolving loans to Borrower from time to time under the Original Credit Agreement (the “Existing Revolving Loans”), and as of the Closing Date, immediately before giving effect to this Agreement, the outstanding principal balance of the Existing Revolving Loans is $22,000,000. Each of Borrower, Administrative Agent and each Lender acknowledges and agrees that the Existing Revolving Loans # remain outstanding hereunder, # constitute “Revolving Credit Loans” for all purposes under this Agreement and the other Loan Documents and # as

Existing Term Loans. Borrower acknowledges and agrees that certain of the Original Lenders made term loans to Borrower from time to time under the Original Credit Agreement (the “Existing Term Loans”), and, as of the Closing Date, immediately before giving effect to this Agreement, the outstanding principal balance of the Existing Term Loans is $34,000,000. Each of Borrower, Administrative Agent and each Lender acknowledges and agrees that the Existing Term Loans # remain outstanding hereunder, # constitute “Term Loans” for all purposes under this Agreement and the other Loan Documents and # as of the Closing Date, constitute a single Term SOFR Portion with an Interest Period of one month, the first day of which is the Closing Date.

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Existing Eurocurrency Loans. Notwithstanding anything to the contrary in the Credit Agreement or this Amendment, any Loan denominated in Dollars and bearing interest by reference to the LIBO Rate (as defined in the Credit Agreement prior to giving effect to this Amendment) outstanding as of the Amendment Effective Date shall continue to bear interest at the LIBO Rate until the end of the applicable Interest Period for such Loan as in effect on the Amendment Effective Date and the LIBOR-related provisions of the Credit Agreement (prior to giving effect to this Amendment) applicable thereto shall continue and remain in effect (notwithstanding the election of the Administrative Agent and the Borrower to establish an alternate rate of interest to the LIBO Rate and the occurrence of the Amendment Effective Date) until the end of the applicable Interest Period for such Loans as in effect on the Amendment Effective Date, after which such provisions shall have no further force or effect and such Loans bearing interest by reference to the LIBO Rate shall, unless otherwise repaid or prepaid, be converted to Term SOFR Loans or ABR Loans in accordance with Section 2.07 of the Credit Agreement (after giving effect to this Amendment).

Existing Agreement. Evidence to the satisfaction of the Administrative Agent of the termination of the Existing Agreement and payment of all amounts due under the Existing Agreement which have not heretofore been paid; and

Existing Indebtedness. All existing Indebtedness (other than Indebtedness permitted pursuant to [Section 9.3] and the Adapt Purchase Agreement) of the Adapt Target and its Subsidiaries shall be repaid in full, all commitments (if any) in respect thereof shall have been terminated and all guarantees therefor and security therefor shall be released, and the Administrative Agent shall have received pay-off letters in form and substance reasonably satisfactory to it evidencing such repayment, termination and release. On the Closing Date, after giving effect to the Transactions, neither the Adapt Target nor any of its Subsidiaries shall have any outstanding Indebtedness (other than the Obligations and Indebtedness permitted pursuant to [Section 9.3] and the Adapt Purchase Agreement).

Existing Defaults. No Loan Party is in default in the performance, observance or fulfillment of any of the obligations contained in any Contractual Obligation applicable to it, and no condition exists which, with or without the giving of notice or the lapse of time, would constitute a default under any such Contractual Obligation, except, in any such case, where the consequences, direct or indirect, of such default or defaults, if any, could not reasonably be expected to have a Material Adverse Effect on the Loan Parties, taken as a whole.

Existing Indebtedness. As of the Effective Date, and excluding this Agreement, [[Organization B:Organization]] has no more than $1,137,500 of outstanding indebtedness, obligations and other liabilities, whether absolute, accrued, contingent, fixed or otherwise.

Existing Definitions. The following definitions in [Section 1.01] of the Financing Agreement are hereby amended as follows:

Loans. A Participant shall not be eligible to obtain a loan from the Plan.

Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars (each such loan, a “Loan” or “Term Loan”) to the Borrower and/or the Co-Borrower identified by Borrower in a Loan Notice (on any one Business Day during the Availability Period) in an aggregate principal amount of $250,000,000 (each such Lender’s loan not to exceed at any time the amount of such Lender’s Commitment). No amount of the Loan may be reborrowed once any portion of the Loan is repaid. The Loan shall mature and shall be due and payable by the Borrower and the Co-Borrowers in full on the Maturity Date.

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