Refinancing Efforts Clause Samples

Refinancing Efforts. Each Loan Party shall immediately provide to Lender copies of any commitment letters issued in connection with the refinancing of any loan associated with the Collateral, updates on the status of refinancing on the first calendar day of each calendar month during the Forbearance Period, and any other documents reasonably requested by ▇▇▇▇▇▇ relating to the refinancing efforts of any loans associated with the Collateral.

Refinancing Efforts. Every other week, the Loan Parties shall deliver to the Administrative Agent and the Lenders a report (which report may be made by email) providing an update on and status of the refinancing required by clause (f) above and the Loan Parties ability to meet the milestones required by such clause.

Refinancing Efforts. The Borrower will at all times diligently seek to obtain replacement financing the proceeds of which would be used to repay the Obligations in full. Promptly upon the Agent’s request from time to time, the Borrower shall deliver to the Agent a written report describing in reasonable detail the status of such efforts and all material actions taken in pursuit of such refinancing since the last such report was delivered to the Agent.

Refinancing Efforts. The Loan Parties shall actively solicit proposals from other lenders to refinance all of the Obligations, and the Loan Parties shall promptly advise the Administrative Agent of all refinancing proposals they receive. Without limiting the foregoing, (i) on or before February 15, 2019, the Loan Parties shall deliver to the Administrative Agent and the Lenders one or more term sheets from prospective lenders that will provide a full payment in cash of all Obligations; (ii) on or before March 15, 2019, the Loan Parties shall deliver to the Administrative Agent and the Lenders at least one fully-executed commitment letter that will provide a full payment in cash of all Obligations on or before April 12, 2019; and (iii) on or before April 12, 2019, the Obligations shall be paid in full in cash with the proceeds of refinancing credit facilities. In the event the Loan Parties fail to deliver the required term sheet within the time period required in accordance with the foregoing clause (e)(i), the Borrower shall pay a fee of $250,000, which fee shall be immediately due and payable. In the event the Loan Parties fail to deliver the required commitment letter within the time period required in accordance with the foregoing clause (e)(ii), the Borrower shall pay a fee of $250,000, which fee shall be immediately due and payable. In the event the Loan Parties fail to pay the Obligations in full in cash within the time period required in accordance with the foregoing clause (e)(iii), the Borrower shall pay a fee of $500,000, which fee shall be immediately due and payable.

Refinancing Efforts. If, on or before July 31, 2001, Borrower shall fail to provide Agent with executed commitment letters upon the terms and conditions listed below, then Borrower shall pay Lenders an additional loan fee, as liquidated damages for loss of a bargain and not as a penalty, equal to one-quarter of one percent (0.25%) of the aggregate of all outstanding commitments of Lenders under (i) the Burd▇▇▇ ▇▇▇mitment, (ii) Total Revolving Commitment, and (iii) the outstanding balance of the Term Loan, as of July 31, 2001, which fee shall be due and payable on or before August 6, 2001. The commitment letters shall: (i) provide for aggregate financing to Borrower in amounts sufficient to satisfy and pay in full Borrower's obligations on the Term Note, the Burd▇▇▇ ▇▇▇es and the Revolving Notes, and all of Borrower's other obligations under the Loan Documents; (ii) be binding commitments by the financing sources subject only to customary closing conditions reasonably satisfactory to Lenders; (iii) provide for a closing date on or before September 1, 2001; (iv) be with reputable financing sources with a recognized capacity to fund the commitments; and (v) be in form and substance satisfactory to Lenders.

Refinancing Efforts. Every other week after the Sixth Amendment Effective Date, the Loan Parties shall deliver to the Administrative Agent and the Lenders a report (which report may be made by email) providing an update on and status of the refinancing required by Section 6.29(b) hereof and the Loan Parties ability to meet the milestones required by such clause.

Refinancing Efforts. Borrower agrees to use its best efforts to replace or refinance the loan evidenced by the Loan Agreement and Note and to obtain a release of the Pew Guaranty by no later than January 1, 2006. In the event that Borrower has not obtained a release of the Pew Guaranty by no later than January 1, 2006, then, in such event, Borrower shall pay to ▇▇. ▇▇▇ a monthly guaranty fee in the amount $1,000, beginning on the first day of February, 2006 and continuing on the first day of each month thereafter for so long as the Pew Guaranty remains outstanding.

Refinancing Efforts. As soon as available and in any event within five (5) days after the end of each calendar month ending after the Third Amendment Effective Date, a report certified by an Authorized Officer of the Borrower on the progress of all refinancing efforts including the name of any potential sources, the amount proposed to lend, and the anticipated closing date or the date the source was abandoned.”

Refinancing Efforts. The Borrower will at all times diligently seek to obtain replacement financing the proceeds of which would be used to repay the Obligations in full. The Borrower shall authorize and direct the Borrower’s counsel to update the Agent as and when requested by the Agent regarding the status and projected timing of any such replacement financing. Promptly upon the Agent’s request from time to time, the Borrower shall deliver to the Agent a written report describing in reasonable detail the status of such efforts and all material actions taken in pursuit of such refinancing since the last such report was delivered to the Agent. (f) The form of Exhibit C-1 (Borrowing Base Certificate) is deleted in its entirety and is replaced with the form of Exhibit C-1 (Borrowing Base Certificate) attached to this Amendment as Exhibit A. 2. The amendments set forth in Section 1 hereof shall become effective as of the date that the following conditions shall have been satisfied (the date that such amendments take effect being the “Amendment Effective Date”), provided, however, that the amendments set forth in Section 1 hereof shall not take effect unless such conditions have been satisfied on or before December 23, 2005 (i.e. not later than midnight, New York time, on December 23, 2005). (a) The Lenders shall have executed this Amendment and shall have received a copy of this Amendment duly executed by the Borrower, the Borrowing Subsidiaries and the Guarantors. (b) The Borrower shall have paid to counsel for the Agent the amount of their reasonable fees and disbursements owed to such counsel in connection with the Credit Agreement, this Amendment and matters related hereto and thereto, and the Borrower shall have paid the fees and disbursements owed or paid to any appraisers and consultants retained by the Agent in connection with the Credit Agreement and the Loans. 3. Except as amended, modified or supplemented by this Amendment, all of the terms, conditions, covenants, provisions, representations, warranties and conditions of the Credit Agreement shall remain in full force and effect and are hereby acknowledged, ratified, confirmed and continued as if fully restated hereby. 4. The invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of any other term or provision hereof or contained in the Credit Agreement. 5. It is the intention of the parties hereto that this Amendment shall not constitute a novation and shall in no...