Common use of Stock Purchase Agreement Clause in Contracts

Stock Purchase Agreement. The Acquisition shall be consummated substantially simultaneously with the Borrowing on the Closing Date, in accordance with the Stock Purchase Agreement and none of the provisions of which shall have been waived, amended, supplemented or otherwise modified prior to the Closing Date in a manner adverse to the Lenders in any material respect without the prior written consent of the Administrative Agent. Such of the representations and warranties made by the Borrower in the Stock Purchase Agreement as are material to the interests of the Lenders shall be true and correct, but only to the extent that Holdings would have the right to terminate its obligations under the Stock Purchase Agreement as a result of a breach of such representation and warranty (determined without regard to whether notice is required to be delivered by Holdings).

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Tube City IMS CORP), Term Loan Credit Agreement (TMS International Corp.), Term Loan Credit Agreement (TMS International Corp.)

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Stock Purchase Agreement. The Acquisition shall be consummated substantially simultaneously with the Initial Revolving Borrowing on the Closing Date, in accordance with the Stock Purchase Agreement and none of the provisions of which shall have been waived, amended, supplemented or otherwise modified prior to the Closing Date in a manner adverse to the Lenders in any material respect without the prior written consent of the Administrative Agent. Such of the representations and warranties made by the Borrower in the Stock Purchase Agreement as are material to the interests of the Lenders shall be true and correct, but only to the extent that Holdings would have the right to terminate its obligations under the Stock Purchase Agreement as a result of a breach of such representation and warranty (determined without regard to whether notice is required to be delivered by Holdings).

Appears in 3 contracts

Samples: Abl Credit Agreement (TMS International Corp.), Assignment and Assumption (TMS International Corp.), Abl Credit Agreement (Tube City IMS CORP)

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