Common use of Debt Assumption Clause in Contracts

Debt Assumption. Notwithstanding anything herein or in the Loan Documents to the contrary: (i) On the Closing Date, immediately after the consummation of the Merger and upon the effectiveness of this Agreement, the Initial Borrower shall be the sole Borrower hereunder and under the Loan Documents. (ii) On the Closing Date, immediately after the payment of any Transaction Expenses payable on the Closing Date, the Company will become a party hereto and to the Loan Documents and will be the Parent Borrower and all rights, title, interests, liabilities, duties and obligations (including the Indebtedness and Obligations of the Initial Borrower) in, to and under this Agreement, the other Loan Documents and any other documents in connection therewith shall be, and shall be deemed to be, assumed by the Company and the Company agrees to pay, perform and discharge all of the Initial Borrower’s obligations and covenants as “Parent Borrower” and a “Loan Party” thereunder in accordance with the terms of this Agreement and the other Loan Documents and otherwise be liable for such Indebtedness and to perform and discharge all of the Obligations and any and all obligations under this Agreement, the other Loan Documents and any other documents in connection therewith (the transactions described in this Section 2.01(c)(ii), collectively, the “Debt Assumption”). Immediately after the Debt Assumption, the Closing Date Refinancing shall be consummated

Appears in 2 contracts

Sources: First Lien Credit Agreement (Option Care Health, Inc.), First Lien Credit Agreement (Option Care Health, Inc.)

Debt Assumption. Notwithstanding anything herein or in the Loan Documents to the contrary: (i) On the Closing Date, immediately after the consummation of the Merger and upon the effectiveness of this the Original Credit Agreement, the Initial Borrower shall be became the sole Borrower hereunder under the Original Credit Agreement and under the Loan Documents. (ii) On the Closing Date, immediately after the payment of any Transaction Expenses payable on the Closing Date, the Company will become became a party hereto and to the Loan Documents and will be became the Parent Borrower and all rights, title, interests, liabilities, duties and obligations (including the Indebtedness and Obligations of the Initial Borrower) in, to and under this Agreement, the other Loan Documents and any other documents in connection therewith shall be, and shall be deemed to be, were assumed by the Company and the Company agrees agreed to pay, perform and discharge all of the Initial Borrower’s obligations and covenants as “Parent Borrower” and a “Loan Party” thereunder in accordance with the terms of this Agreement and the other Loan Documents and otherwise be liable for such Indebtedness and to perform and discharge all of the Obligations and any and all obligations under this Agreement, the other Loan Documents and any other documents in connection therewith (the transactions described in this Section 2.01(c)(ii2.01(f)(ii), collectively, the “Debt Assumption”). Immediately after the Debt Assumption, the Closing Date Refinancing was consummated. For the avoidance of doubt, any references to “this Agreement” in this Section 2.01(f)(ii) shall be consummatedmean: (x) prior to the Amendment No. 1 Effective Date, the Original Credit Agreement and (y) on and after the Amendment No. 1 Effective Date, the Original Credit Agreement as amended pursuant to Amendment No. 1.

Appears in 1 contract

Sources: Abl Credit Agreement (Option Care Health, Inc.)

Debt Assumption. Notwithstanding anything herein or in the Loan Documents to the contrary: (i) On the Closing Date, immediately after the consummation of the Merger and upon the effectiveness of this the ExistingOriginal Credit Agreement, the Initial Borrower shall be became the sole Borrower hereunder under the ExistingOriginal Credit Agreement and under the Loan Documents. (ii) On the Closing Date, immediately after the payment of any Transaction Expenses payable on the Closing Date, the Company will become became a party hereto and to the Loan Documents and will be became the Parent Borrower and all rights, title, interests, liabilities, duties and obligations (including the Indebtedness and Obligations of the Initial Borrower) in, to and under this Agreement, the other Loan Documents and any other documents in connection therewith shall be, and shall be deemed to be, were assumed by the Company and the Company agrees agreed to pay, perform and discharge all of the Initial Borrower’s obligations and covenants as “Parent Borrower” and a “Loan Party” thereunder in accordance with the terms of this Agreement and the other Loan Documents and otherwise be liable for such Indebtedness and to perform and discharge all of the Obligations and any and all obligations under this Agreement, the other Loan Documents and any other documents in connection therewith (the transactions described in this Section 2.01(c)(ii2.01(f)(ii), collectively, the “Debt Assumption”). Immediately after the Debt Assumption, the Closing Date Refinancing was consummated. For the avoidance of doubt, any references to “this Agreement” in this Section 2.01(f)(ii) shall be consummatedmean: (x) prior to the Amendment No. 1 Effective Date, the ExistingOriginal Credit Agreement and (y) on and after the Amendment No. 1 Effective Date, the ExistingOriginal Credit Agreement as amended pursuant to Amendment No. 1.

Appears in 1 contract

Sources: Abl Credit Agreement (Option Care Health, Inc.)

Debt Assumption. Notwithstanding anything herein or in the Loan Documents to the contrary: (i) On the Closing Date, immediately after the consummation of the Merger and upon the effectiveness of this Agreement, the Initial Borrower shall be the sole Borrower hereunder and under the Loan Documents. (ii) On the Closing Date, immediately after the payment of any Transaction Expenses payable on the Closing Date, the Company will become a party hereto and to the Loan Documents and will be the Parent Borrower and all rights, title, interests, liabilities, duties and obligations (including the Indebtedness and Obligations of the Initial Borrower) in, to and under this Agreement, the other Loan Documents and any other documents in connection therewith shall be, and shall be deemed to be, assumed by the Company and the Company agrees to pay, perform and discharge all of the Initial Borrower’s obligations and covenants as “Parent Borrower” and a “Loan Party” thereunder in accordance with the terms of this Agreement and the other Loan Documents and otherwise be liable for such Indebtedness and to perform and discharge all of the Obligations and any and all obligations under this Agreement, the other Loan Documents and any other documents in connection therewith (the transactions described in this Section 2.01(c)(ii2.01(f)(ii), collectively, the “Debt Assumption”). Immediately after the Debt Assumption, the Closing Date Refinancing shall be consummated.

Appears in 1 contract

Sources: Abl Credit Agreement (Option Care Health, Inc.)

Debt Assumption. Notwithstanding anything herein or in the Loan Notes Documents to the contrary: (ia) On the Closing Date, immediately after the consummation of the Merger and upon the effectiveness of this AgreementIndenture, the Initial Borrower Issuer shall be the sole Borrower Issuer hereunder and under the Loan Notes Documents. (iib) On the Closing Date, immediately after the payment of any Transaction Expenses payable on the Closing Date, the Company will become a party hereto and to the Loan Notes Documents and will be the Parent Borrower Issuer and all rights, title, interests, liabilities, duties and obligations (including the Indebtedness and Obligations of the Initial BorrowerIssuer) in, to and under this AgreementIndenture, the other Loan Notes Documents and any other documents in connection therewith shall be, and shall be deemed to be, assumed by the Company and the Company agrees to pay, perform and discharge all of the Initial BorrowerIssuer’s obligations and covenants as “Parent BorrowerIssuer” and a “Loan Note Party” thereunder in accordance with the terms of this Agreement Indenture and the other Loan Notes Documents and otherwise be liable for such Indebtedness and to perform and discharge all of the Secured Obligations and any and all obligations under this AgreementIndenture, the other Loan Notes Documents and any other documents in connection therewith (the transactions described in this Section 2.01(c)(ii)13.23, collectively, the “Debt Assumption”). Immediately after the Debt Assumption, the Closing Date Refinancing shall be consummated.

Appears in 1 contract

Sources: Indenture (Option Care Health, Inc.)