Common use of High Yield Financing Clause in Contracts

High Yield Financing. As promptly as practicable following the date hereof, Buyer shall use its commercially reasonable efforts to raise gross cash proceeds of $200 million from an offering of its unsecured senior subordinated debt securities (the "High Yield Financing") upon such terms and conditions as may be specified by the Initial Lenders pursuant to the Financing Agreements. Buyer agrees that it shall not amend (other than to extend the termination date thereof), waive, discharge or terminate any material provision of any of the Financing Agreements without the prior written consent of the Company, which consent shall not be unreasonably withheld or delayed. In the event that any portion of such Financing becomes unavailable, regardless of the reason therefor, Buyer will use its commercially reasonable efforts to obtain alternative financing on substantially comparable or more favorable terms from other sources.

Appears in 2 contracts

Sources: Merger Agreement (Pricellular Wireless Corp), Merger Agreement (Pricellular Corp)