Term A-2 Facility. Subject to the provisions of subsection # below: # each Daily SOFR Rate Loan under the Term A-2 Facility shall bear interest on the outstanding principal amount thereof at a rate per annum equal to Daily Simple SOFR plus the Applicable Rate for SOFR Loans for the Term A-2 Facility; # each Term SOFR Rate Loan under the Term A-2 Facility for an Interest Period shall bear interest on the outstanding principal amount thereof at a rate per annum equal to Term SOFR for such Interest Period plus the Applicable Rate for SOFR Loans for the Term A-2 Facility; and # each Base Rate Loan under the Term A-2 Facility shall bear interest on the outstanding principal amount thereof at a rate per annum equal to the Base Rate for such Interest Period plus the Applicable Rate for Base Rate Loans for the Term A-2 Facility.
Term Advance Facility Fee. Borrower shall pay the Term Advance Facility Fee to Lender promptly upon the execution of the Second Amendment.
New Term Loan Facility. On the Effective Date, the Reorganized Debtors shall enter into the New Term Loan A Facility and the New Term Loan B Facility, on the terms set forth in the New Term Loan Agreement Documents. Upon entry of this Confirmation Order, the New Term Loan A Facility and the New Term Loan B Facility (including the transactions contemplated thereby, and all actions to be taken, undertakings to be made, and obligations to be incurred and fees paid by the Debtors or the Reorganized Debtors in connection therewith) shall be deemed approved, to the extent not approved by the Court previously, and the Reorganized Debtors are authorized to execute and deliver those documents necessary or appropriate to obtain the New Term Loan A Facility and the New Term Loan B Facility, including the New Term Loan Agreement Documents, without further notice to or order of the Court, act or action under applicable law, regulation, order, or rule or vote, consent, authorization, or approval of any Person, subject to such modifications acceptable to the Required Consenting Term Lenders and Required Consenting Revolving Lenders and reasonably acceptable to the Supporting Common Interest Holders as the Reorganized Debtors may deem to be necessary to consummate the New Term Loan A Facility and the New Term Loan B Facility. For the avoidance of doubt, all Term Lenders and all Revolving Lenders are deemed to have entered into the New Term Loan Agreement.
Term of the Facility. Unless extended by the Lender the Facility must be retired fully on or before .
“Facility” means the Term AA-1 Facility, the Term BA-2 Facility, the Term B-1 Facility, the Term B-2 Facility, the Revolving Credit Facility or any credit facility created pursuant to an Additional Credit Extension Amendment, as the context may require.
as Co-Syndication Agents for the Revolving Credit Facility, Term A-1 Facility and Term A-2 Facility,
“Required Term BB-2 Lenders” means, as of any date of determination, at least two Term BB-2 Lenders holding more than 50% of the Term BB-2 Facility on such date; provided that the portion of the Term BB-2 Facility held by any Defaulting Lender shall be excluded for purposes of making a determination of Required Term BB-2 Lenders.
#maturity date of any Incremental Term A Facility shall be no earlier than the maturity date for the Term AA-2 Facility, # the maturity date of any Incremental Term B Facility shall be no earlier than the maturity date for the Term BB-2 Facility and # the maturity date of any Incremental Revolving Credit Facility shall be no earlier than the maturity date for the Revolving Credit Facility;
the amortization schedule for each Incremental Term Facility shall be determined by the Borrower and the Lenders of such Incremental Facility; provided that # the Weighted Average Life to Maturity of any Incremental Term A Facility shall be no shorter than the Weighted Average Life to Maturity of the Term AA-2 Facility and # the Weighted Average Life to Maturity of any Incremental Term B Facility shall be no shorter than the Weighted Average Life to Maturity of the Term BB-2 Facility; # the Applicable Rate, interest margin, upfront fees and OID for each Incremental Facility shall be determined by the Borrower and the Lenders of such Incremental Facility; provided that in the event that the “yield” of any Incremental Term B Facility exceeds the “yield” for the Term BB-2 Facility on the ClosingFirst Amendment Effective Date by more than 50 basis points, then the Applicable Rate for the Term BB-2 Facility shall be increased to the extent necessary so that the “yield” for the Incremental Term B Facility is not more than 50 basis points higher than the “yield” for the Term BB-2 Facility; provided, further, that in determining the “yield” applicable to the Term BB-2 Facility and the “yield” for the Incremental Term B Facility, # interest margin, Eurocurrency Rate floor, Base Rate floor, OID or upfront fees (which shall be deemed to constitute like amounts of OID) payable by the Company for the account of the Lenders of the Term B Facility or the Incremental Term B-2 Facility in the primary syndication thereof shall be included (with OID being equated to interest based on an assumed four-year life to maturity),as part of the “yield” of the Term B-2 Facility, and interest margin, Eurocurrency Rate floor, Base Rate floor, OID or upfront fees (which shall be deemed to constitute like amounts of OID) payable by the Company for the account of the Lenders ofthe Incremental Term B Facility in the primary syndication thereof shall be included (with OID being equated to interest based on an assumed four-year life to maturity) as part of the “yield” of the IncrementalTerm B Facility # customary arrangement, structuring, underwriting, amendment or commitment fees payable to the Joint Lead Arrangers (or their affiliates) in connection with the Term BB-2 Facility or to one or more arrangers (or their affiliates) of the Incremental Term B Facility shall be excluded, and # if the Eurocurrency Rate or Base Rate floor for the Incremental Term B Facility is greater than the Eurocurrency Rate or Base Rate floor, respectively, for the Term BB-2 Facility, the difference between such floor for the Incremental Term B Facility and the existing Term BB-2 Facility shall be equated to an increase in the “yield” for purposes of this [clause (iv)];
“Term A-2 Facility” means # at any time prior to the last day of the Availability Period in respect of such Facility, the aggregate amount of the Term A-2 Commitments at such time, and # at any time thereafter, the Outstanding Amount of the Term A-2 Loans of all Term A-2 Lenders outstanding at such time.
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.