The Refinancing Sample Clauses

The Refinancing. The Refinancing shall have been (or substantially simultaneously be) consummated, and the Borrower shall have delivered (or caused to be delivered) to Administrative Agent all payoff letters, documents or instruments reasonably necessary to release all Liens securing, and cause the termination or release of all guarantees in respect of, the Existing Credit Agreement on or before or substantially simultaneously with, the Closing Date.
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The Refinancing. (i) The Refinancing with respect to the Foothill Loan Agreement and the Xxxxx Fargo Loan Agreement shall have been consummated in full to the satisfaction of the Original Lenders with all liens in favor of the existing lenders being unconditionally released; the Administrative Agent shall have received a “pay off’ letter with respect to the Foothill Loan Agreement and the Xxxxx Fargo Loan Agreement; the Administrative Agent shall have received from any person holding any Lien securing any such debt, such UCC termination statements, mortgage releases, releases of assignments of leases and rents and other instruments, in each case in proper form for recording, as the Administrative Agent shall have reasonably requested to release and terminate of record the Liens securing such debt.
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The Refinancing. Such amount of Parent Floating Rate Notes shall have been, or shall simultaneously be, purchased or redeemed such that after giving effect to the Transactions on the Closing Date no more than $25.0 million aggregate principal amount of Parent Floating Rate Notes remains outstanding (it being understood that Parent Floating Rate Notes as to which notice of redemption has been irrevocably delivered to the trustee in accordance with the indenture for the Parent Floating Rate Notes shall be deemed not outstanding). The Term B Loans and revolving loans under the Original Credit Agreement shall have been, or shall simultaneously be, repaid in full or exchanged for Term Loans or revolving loans, as the case may be, under this Agreement (including pursuant to Section 2.19). All commitments under the Original Credit Agreement shall be terminated.
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The Refinancing. Prior to or substantially concurrently with the initial credit extension on the Restatement Date, all existing Indebtedness of the Borrower and its Subsidiaries under the Existing Credit Agreement with respect to Existing Term Loans, Existing Revolving Loans and Existing Revolving Commitments, together with accrued and unpaid interest thereon, shall have been paid in full (other than with respect to (w) Existing Letters of Credit, (x) Existing Term Loans that are subject to the Cashless Rollover, (y) letters of credit, bank services or other hedging or swap obligations that will remain outstanding after the Restatement Date pursuant to arrangements reasonably acceptable to the Administrative Agent and (z) inchoate indemnification obligations and any other obligations which pursuant to their terms specifically survive repayment thereof for which no claim has been made) (the “Refinancing”).
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The Refinancing. 2.1 Lender's consent. ---------------- (a) The Borrower has requested and the Lender has agreed, to amend the Credit Facility in order to: (i) refinance without novation the Outstanding Principal Amount with effects as of the date hereof but subject to the provisions contained in SECTION 4 of this Agreement, and (ii) authorised the lender to use its reasonable endeavours to obtain from third parties Offers, as hereinafter defined, in order to perfect the Sale, as hereinafter defined.
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The Refinancing. Pursuant to (a) the Credit Agreement, dated as of March 29, 2007 (the “Replacement Credit Agreement”), among the Company, the financial institutions party thereto from time to time as lenders (the “Replacement Lenders”), Ambac Assurance Corporation, as loan insurer (the “Loan Insurer”), The Royal Bank of Scotland plc, as administrative agent (together with its successors and assigns in such capacity, the “Replacement Administrative Agent”) and issuing bank, The Bank of New York, as collateral agent (together with its successors and assigns in such capacity, the “Replacement Collateral Agent”), and the financial institutions party thereto, and (b) the other financing documents relating to the Replacement Credit Agreement (such documents together with the Replacement Credit Agreement, the “Replacement Credit Documents”), the Replacement Lenders have agreed to make loans and extend certain other credit to the Company for the purpose of refinancing its obligations under the [Credit Documents] (the “Refinancing”). The Replacement Lenders and the Company expect that the Company will refinance a portion of its obligations respecting certain tax exempt bonds issued by the City of Osceola, Arkansas (the “City”) by entering into a loan agreement (the “Bond Loan Agreement”) with the City, pursuant to which the City would provide financing for the Company with the net proceeds of one or more series of its replacement tax exempt revenue bonds (the “Replacement Bond Financing”). For purposes of this Agreement, upon the consummation of a Replacement Bond Financing, the Bond Loan Agreement and the other financing documents relating to the Replacement Bond Financing shall also be considered Replacement Credit Documents. Pursuant to the Security Agreement, dated as of March 29, 2007 (the “Replacement Security Agreement”), between the Company and the Replacement Collateral Agent, as security for the Company’s obligations under the Replacement Credit Agreement the Company has assigned all of its right, title and interest in, to and under, and granted a security interest in, among other things, the [Assigned Agreement] and all of its rights to receive payment under or with respect to such [Assigned Agreement] and all payments due and to become due to the Company under or with respect to such [Assigned Agreement], whether as contractual obligations, damages, indemnity payments or otherwise, to the Replacement Collateral Agent for the benefit of the secured parties under the Rep...
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The Refinancing 
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Related to The Refinancing

  • Refinancing Substantially simultaneously with the funding of the Initial Term Loans, the Closing Date Refinancing shall be consummated.

  • Equity Financing If there is an Equity Financing before the expiration or termination of this instrument, the Company will automatically issue to the Investor a number of shares of Safe Preferred Stock equal to the Purchase Amount divided by the Conversion Price. In connection with the issuance of Safe Preferred Stock by the Company to the Investor pursuant to this Section 1(a):

  • Incremental Facilities (a) The Borrower may by written notice to Administrative Agent elect to request the establishment of one or more (x) additional tranches of term loans (the commitments thereto, the “New Term Loan Commitments”) and/or (y) increases in Revolving Credit Commitments (the “New Revolving Credit Commitments” and, together with the New Term Loan Commitments, the “New Loan Commitments”), by an aggregate amount not in excess of the Maximum Incremental Facilities Amount in the aggregate and not less than $100,000,000 individually (or such lesser amount as (x) may be approved by the Administrative Agent or (y) shall constitute the difference between the Maximum Incremental Facilities Amount and all such New Loan Commitments obtained on or prior to such date). Each such notice shall specify the date (each, an “Increased Amount Date”) on which the Borrower proposes that the New Loan Commitments shall be effective, which shall be a date not less than ten Business Days after the date on which such notice is delivered to the Administrative Agent. The Borrower may approach any Lender or any Person (other than a natural person) to provide all or a portion of the New Loan Commitments; provided that any Lender offered or approached to provide all or a portion of the New Loan Commitments may elect or decline, in its sole discretion, to provide a New Loan Commitment. In each case, such New Loan Commitments shall become effective as of the applicable Increased Amount Date; provided that (i) no Default or Event of Default shall exist on such Increased Amount Date before or after giving effect to such New Loan Commitments, as applicable; (ii) both before and after giving effect to the making of any Series of New Term Loans or New Revolving Loans, each of the conditions set forth in Section 7 shall be satisfied; (iii) the New Loan Commitments shall be effected pursuant to one or more Joinder Agreements executed and delivered by the Borrower and Administrative Agent, and each of which shall be recorded in the Register and shall be subject to the requirements set forth in Section 5.4(d); (iv) the Borrower shall make any payments required pursuant to Section 2.11 in connection with the New Loan Commitments, as applicable; and (v) the Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by Administrative Agent in connection with any such transaction. Any New Term Loans made on an Increased Amount Date shall be designated, a separate series (a “Series”) of New Term Loans for all purposes of this Agreement.

  • Tail Financing The Placement Agent shall be entitled to fees per Section 2.A. of this Agreement with respect to any public or private offering or other financing or capital-raising transaction of any kind (“Tail Financing”) to the extent that such Tail Financing is provided to the Company by any Investors in this Offering that the Placement Agent has introduced to the Company during the term of the Placement Agent’s engagement for this offering, if such Tail Financing is consummated at any time within the 12-month period following the Closing Date.

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