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SEC Filings
8-K
TERRAFORM POWER, INC. filed this Form 8-K on 10/09/2018
Entire Document
 
 

 

Section 1.4.           Amendments. Subject to satisfaction (or waiver) of the conditions set forth in Article III hereof, on the Amendment No. 3 Effective Date, (i) the Specified Refinancing Revolving Loans shall be Refinancing Revolving Loans and Revolving Loans (each under and as defined in the Credit Agreement), (ii) the Specified Refinancing Revolving Commitments shall be Refinancing Revolving Commitments and Revolving Commitments (each under and as defined in the Credit Agreement), (iii) this Amendment shall be a Refinancing Amendment and a Credit Document (each under and as defined in the Credit Agreement) and (iv) the Credit Agreement shall be amended as follows:

 

(a)                The following defined terms are hereby added to Section 1.01 of the Credit Agreement in alphabetical order:

 

Amendment No. 3” means Amendment No. 3 to this Agreement, dated as of October 5, 2018.

 

Amendment No. 3 Arranger” means HSBC BANK USA, NATIONAL ASSOCIATION, as joint lead arranger and joint bookrunner in connection with Amendment No. 3.

 

Amendment No. 3 Effective Date” means October 5, 2018, the date of effectiveness of Amendment No. 3.

 

(b)               The definition of “Applicable Margin” in Section 1.01 of the Credit Agreement is hereby amended by deleting the table therein and replacing it with the following:

 

Leverage Ratio  Applicable Margin for
Eurocurrency Rate Loans
   Applicable Margin for
Base Rate Loans and CPR Loans
   Applicable Revolving
Commitment Fee Percentage
 
<3.50:1.00   1.50%   0.50%   0.25%
>3.50:1.00 but < 4.50:1.00   1.75%   0.75%   0.25%
>4.50:100 but < 5.50:1.00   2.00%   1.00%   0.325%
> 5.50:1.00   2.25%   1.25%   0.375%

 

(c)                The definition of “Credit Document” in Section 1.01 of the Credit Agreement is hereby amended by replacing the word “and” that is immediately before “all” with a comma and inserting the following at the end of the sentence: “Amendment No. 3, and”.

 

(d)               The definition of “Maturity Date” in Section 1.01 of the Credit Agreement is hereby deleted in its entirety and replaced as follows:

 

Maturity Date” means October 5, 2023.

 

(e)                Section 2.8(a) of the Credit Agreement is hereby amended by inserting “and in Amendment No. 3” immediately after the language “Except as otherwise set forth herein”.

 

(f)                Section 2.24 of the Credit Agreement is hereby amended by deleting “$150,000,000” therein and replacing it with “$300,000,000 (including amounts incurred pursuant to the Joinder Agreement, dated as of February 6, 2018, by and among Bank of America, N.A. and Barclays Bank PLC, Borrower, Holdings and certain Subsidiaries of Borrower, as Guarantors, and HSBC USA, as Administrative Agent)”.

 

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