Common use of Equity Financing Clause in Contracts

Equity Financing. On or before the Closing Date, Company shall have provided evidence satisfactory to Agents that the proceeds of the Equity Financing have been irrevocably committed, prior to the application of the proceeds of the Term Loans to be made on the Closing Date, to the payment of the Merger Financing Requirements (subject to the concurrent consummation of the Merger).

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Berry Plastics Corp), Credit and Guaranty Agreement (BPC Holding Corp), Credit and Guaranty Agreement (Berry Plastics Corp)

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Equity Financing. On or before the Closing Date, Company shall have provided evidence satisfactory to Agents that the proceeds of the Equity Financing have been irrevocably committed, prior to the application of the proceeds of the Tranche B Term Loans and a portion of the Revolving Loans to be made on the Closing Date, to the payment of the Merger Acquisition Financing Requirements (subject to the concurrent consummation of the Merger)Requirements.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carters Imagination Inc)

Equity Financing. On or before the Closing Date, Company shall have provided evidence satisfactory to Agents that the proceeds of the Equity Financing have been irrevocably committed, prior to the application of the proceeds of the Term Loans to be made on the Closing DateLoans, to the payment of the Merger Financing Requirements (subject to the concurrent consummation a portion of the Merger)Recapitalization Financing Requirements.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Simmons Co /Ga/)

Equity Financing. On or before the Original Closing Date, Company shall have provided evidence satisfactory to Agents that the proceeds of the Equity Financing have been irrevocably committed, prior to the application of the proceeds of the Term Loans (as defined in the Original Agreement) to be made on the Original Closing Date, to the payment of the 2002 Merger Financing Requirements (subject to the concurrent consummation of the 2002 Merger).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (BPC Holding Corp)

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Equity Financing. On or before the Closing Date, Company shall ---------------- have provided evidence satisfactory to Agents that the proceeds of the Equity Financing have been irrevocably committed, prior to the application of the proceeds of the Term Loans to be made on the Closing Date, to the payment of the Merger Acquisition Financing Requirements (subject to the concurrent consummation of the Merger)Requirements.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ipc Acquisition Corp)

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