Senior Financing. Owner JV shall have procured Senior Financing on substantially the term set forth in Section 7.1(h).
Senior Financing. At the Issuers' request, the Purchasers shall negotiate in good faith with any successor to SVB and the SVB Facility to execute and deliver reasonable and customary documentation required to subordinate (on reasonable and customary terms) the right of the Purchasers to receive payments of cash from the Company with respect to their New Debentures.
Senior Financing. The Company shall have obtained senior financing pursuant to the Credit Agreement in an amount not exceeding $65 million (including a revolving credit facility not in excess of $53 million) in connection with the Acquisition.
Senior Financing. The financing secured by the Facilities as of the date on which the Joint Venture acquires the Facilities (or interests therein), sells the Facility to the SPV and enters into the Lease Documentation with respect to the Facility, including, without limitation, the Xxxxxx Xxx Loans. The Senior Financing is more particularly described in Section 6.13 below.
Senior Financing. Sunrise will endeavor to close permanent Senior Financing in an Islamically acceptable form on all the First Closing Facilities including those now subject to the Xxxxxx Mae Loans. All such financing shall be at fixed interest rates with an amortization period of 300 months and a term acceptable to Investor. If and to the extent that Sunrise is unable to place acceptable Senior Financing prior to the First Closing Date, the terms of Sections 3.3 and 14.2 herein shall apply.
Senior Financing. The New Senior Credit Facility shall be effective or shall become effective substantially concurrent with the Closing.
Senior Financing. Upon Closing, the terms of the Credit Agreement shall be amended substantially in accordance with the terms, conditions and covenants set forth in Exhibit G hereto;
Senior Financing. The Company shall have received senior debt financing, or shall have the right to borrow under a senior credit facility or similar financing arrangement ("Senior Financing Arrangements") then in full force in effect, in each case on terms and conditions reasonably acceptable to the Investor and in an aggregate amount of not less than $350,000,000; provided that following the delivery of the Commitment Letter the terms and conditions of the Senior Financing Arrangements shall be deemed reasonably acceptable to the Investor if such terms are no less favorable to the Company than the terms set forth in the Commitment Letter.
Senior Financing. The Issuer will comply in all material respects with all of its obligations under the Commitment Letters. Without the prior written consent of each Holder, the Issuer will not amend, supplement or otherwise modify or waive any provision of the Commitment Letters (other than pursuant to any market flex provisions of the fee letter thereto) in any manner that is materially adverse to the Issuer (including any modifications of the economic or other terms of the senior secured debt contemplated thereby that is materially adverse to the Issuer). The Issuer will finance the Merger solely with the proceeds of the issuance of the Series A Notes and Series A Warrants pursuant to the Securities Purchase Agreement and the incurrence of senior secured indebtedness in an amount not to exceed that contemplated by the Commitment Letters and having economic and other terms that are not materially less favorable to the Issuer than those contemplated by the Commitment Letters.
Senior Financing. The Senior Credit Agreement has been duly executed ---------------- and delivered by each party thereto and the transactions contemplated thereby have been consummated to the extent contemplated thereunder pursuant to the terms thereof, and the terms and conditions of the Senior Credit Agreement constitute the valid and binding obligations of each party thereto, enforceable in accordance with their terms.
