SEC Filings
8-K
STATION CASINOS LLC filed this Form 8-K on 05/03/2017
Entire Document
 


SECTION 2.2 Acknowledgement. The Term A-3 Facility Loans are being made pursuant to Section 2.15 of the Credit Agreement and shall constitute “Credit Agreement Refinancing Indebtedness” and this Third Amendment shall constitute a “Refinancing Amendment”. The Incremental Term A-3 Loans are being made pursuant to Section 2.12 of the Credit Agreement and shall constitute “Incremental Term Loans” and this Third Amendment shall constitute an “Incremental Joinder Agreement”. On and after the Third Amendment Effective Date, unless the context shall otherwise require, each reference in the Credit Agreement or any other Credit Document to (a) “Term Loan Commitments” and “Other Term Loan Commitments” shall include the Term A-3 Facility Commitments contemplated by this Third Amendment, (b) “Term Loan Commitments” and “Incremental Term Loan Commitments” shall include the Incremental Term A-3 Loan Commitments contemplated by this Third Amendment, (c) “Term Loans”, “Other Term Loans” and “Credit Agreement Refinancing Indebtedness” shall include the Term A-3 Facility Loans contemplated by this Third Amendment, (d) “Term Loans” and “Incremental Term Loans” shall include the Incremental Term A-3 Loans contemplated by this Third Amendment, (e) “Lenders” shall include the Term A-3 Facility Lenders and the Incremental Term A-3 Lenders and (f) “Credit Documents” shall include this Third Amendment, in each case, for all purposes of the Credit Agreement, including Section 2.15(c) thereof.

ARTICLE III

AGREEMENT TO MAKE TERM A-3 FACILITY LOANS

SECTION 3.1 Agreement to Make Term A-3 Facility Loans. Subject to the conditions set forth in Article VI hereof, each Term A-3 Facility Lender severally agrees to make, on the Effective Date, a Term A-3 Facility Loan to the Borrower as further set forth in Section 2.01(f) of the Credit Agreement (as amended hereby).

SECTION 3.2 Other Provisions Regarding Term A-3 Facility Loans. On the Effective Date, the Borrower shall apply the proceeds of the Term A-3 Facility Loans to prepay in full all existing Term A Facility Loans (excluding, however, any Term A Facility Loans held on the Third Amendment Effective Date by the Declining Lender, it being understood that the Declining Lender, has waived its right to such prepayment). The repayment of Term A Facility Loans with the proceeds of the Term A-3 Facility Loans contemplated hereby collectively constitute an optional prepayment of such existing Term A Facility Loans by the Borrower pursuant to Section 2.09 of the Credit Agreement (other than for purposes of Section 2.10(a)(iv) of the Credit Agreement) and shall be subject to the provisions of Section 2.09 and Section 4.02 of the Credit Agreement and (ii) the Borrower shall not be required to deliver the written notice described in Section 2.09(a) of the Credit Agreement (it being understood that this Third Amendment shall be deemed to constitute such notice and that the Administrative Agent shall be deemed to have received such notice before 1:00 p.m., New York time on the third Business Day prior to the Effective Date). Each of the parties hereto acknowledges and agrees that the terms of this Third Amendment do not constitute a novation but, rather, an amendment of the terms of certain pre-existing Indebtedness and the Credit Agreement, as amended hereby.

SECTION 3.3 Procedures to Make Term A-3 Facility Loans. The Borrower shall give the Administrative Agent irrevocable written notice substantially in the form of a Notice of Borrowing (which Notice of Borrowing shall comply with the requirements of Section 4.05 of the Credit Agreement) requesting that the Term A-3 Facility Lenders make the Term A-3 Facility Loans on the Effective Date and specifying the amount to be converted and/or borrowed, as applicable, and the requested Interest

 

 

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