Common use of Issuance of Debt Clause in Contracts

Issuance of Debt. On the date of receipt by Company or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Company or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company shall prepay the Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Counterpart Agreement (Reliant Pharmaceuticals, Inc.)

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Issuance of Debt. On the date of receipt by Company Holdings or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Company Holdings or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company the Borrower shall prepay the Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)

Issuance of Debt. On the date of receipt by Company Borrower or any of its Subsidiaries of any Cash cash proceeds from the incurrence of any Indebtedness Debt of Company Borrower or any of its Subsidiaries (other than with respect to any Indebtedness Debt permitted to be incurred pursuant to Section 6.110.2.1), Company Borrower shall prepay the Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal legal, accounting, and investment banking fees and expenses.

Appears in 4 contracts

Samples: Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc)

Issuance of Debt. On the date of receipt by the Company or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of the Company or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company Borrowers shall prepay the Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, in each case, paid to non-Affiliates, including reasonable legal fees and expenses.

Appears in 3 contracts

Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Issuance of Debt. On the date of receipt by Company or any of its Subsidiaries the Borrower of any Cash proceeds from the incurrence of any Indebtedness of Company or any of its Subsidiaries the Borrower (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company the Borrower shall prepay the Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, in each case, paid to non-Affiliates, including reasonable legal fees and expenses.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (Consumer Portfolio Services Inc)

Issuance of Debt. On the date of receipt by Company or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Company or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company shall prepay the Loans Obligations in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts discounts, fees and commissions and other reasonable costs and expenses associated therewith, in each case, paid to non-Affiliates, including reasonable legal fees and expenses. [Reserved].

Appears in 1 contract

Samples: Credit and Guaranty Agreement

Issuance of Debt. On the date of receipt by Company the Borrower or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Company the Borrower or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company the Borrower shall prepay the Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (TiVo Corp)

Issuance of Debt. On the date of receipt by Company or any of its Subsidiaries the Borrower of any Cash proceeds from the incurrence of any Indebtedness of Company or any of its Subsidiaries the Borrower (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company the Borrower shall prepay the Revolving Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, in each case, paid to non-Affiliates, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Revolving Credit Agreement (Consumer Portfolio Services Inc)

Issuance of Debt. On the date of receipt by Company or any of its Subsidiaries the Borrower of any Cash proceeds from the incurrence of any Indebtedness of Company or any of its Subsidiaries the Borrower (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company the Borrower shall prepay the Term Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, in each case, paid to non-Affiliates, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Credit Agreement (Consumer Portfolio Services Inc)

Issuance of Debt. On the date of receipt by Company Holdings or any of its Subsidiaries of any Net Cash proceeds Proceeds from the incurrence of any Indebtedness of Company Holdings or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company shall prepay the Loans as set forth in Section 2.15(b) in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expensesNet Cash Proceeds.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)

Issuance of Debt. On the date of receipt by Company Holdings or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Company Holdings or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company Borrower shall prepay the Term Loans as set forth in Section 2.15 in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Fedders Corp /De)

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Issuance of Debt. On the date of receipt by Company or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Company or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company shall prepay the Term Loans to the extent then outstanding in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Connetics Corp)

Issuance of Debt. On the date of receipt by Company Borrower or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Company Borrower or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.17.2), Company Borrower shall prepay the Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Credit Agreement (ESH Hospitality, Inc.)

Issuance of Debt. On the date of receipt by Company Holdings or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Company Holdings or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company the Borrower shall prepay the Loans as set forth in Section 2.15(a) in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Gentek Inc)

Issuance of Debt. On the date of receipt by Company Borrower or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Company Borrower or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company Borrower shall prepay the Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International)

Issuance of Debt. On the date of receipt by Company or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Company or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), Company shall prepay the Loans as set forth in Section 2.14(a) in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and discounts, commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expensesin each case, paid to non-Affiliates.

Appears in 1 contract

Samples: Financing Agreement (Model N, Inc.)

Issuance of Debt. On the date of receipt by Company the Borrower or any of its Subsidiaries of any Cash cash proceeds from the incurrence of any Indebtedness of Company the Borrower or any of its Subsidiaries (other than with respect to borrowings under the Existing Multicurrency Credit Agreement or any Indebtedness permitted to be incurred pursuant to Section 6.1renewal or refinancing thereof), Company the Borrower shall prepay the Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal and accounting fees and expenses.

Appears in 1 contract

Samples: Credit Agreement (National Semiconductor Corp)

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