Third Party Financing Clause Samples

Third Party Financing. The parties further agree that terms in Section 4 applicable to Series D Financing shall apply to Third Party Financing on a mutatis mutandis basis.

Third Party Financing. Parent has obtained a firm commitment financing arrangement from a nationally recognized third-party lender to finance Parent's payment of the Merger Consideration.

Third Party Financing. The parties acknowledge that the requirements of Section 7.9 of the Asset Purchase Agreement have been fulfilled.

Third Party Financing. Any additional working capital requirements of the Company shall primarily be met, to the extent possible, by obtaining third party financing (the "Third Party Loan"). In the event the Board determines that all or part of the working capital requirements of the Company shall be met through obtaining Third Party Loan, such Third Party Loan shall be in such amounts and subject to such terms as the Board may determine. To the extent one of the conditions of the extension of the Third Party Loan so approved by the Board is the subordination of any Stockholder Loans to such Third Party Loan, then the Stockholders agree to take such action as necessary to subordinate such Stockholder Loan. To the extent that the Board determines that it is necessary to provide a guaranty of the Stockholders to obtain such Third Party Loan, then each of Cadarso and Fossil shall negotiate in good faith to provide a guaranty in favor of the lender of such Third Party Loan so that the Parties guaranty an amount equal to their respective Shareholder Percentage as of the date of any such guaranty. If the lender of such Third Party Loan requires a guaranty of the entire amount of the loan by each Party, then the Parties each agree to provide such a guaranty. Notwithstanding the provisions of the foregoing sentence, if either Party does not have net assets in excess of the amount of the guaranteed amount, then a Third Party Loan may not be obtained without the expressed consent of the other Party.

Third Party Financing. If there is third party financing, then an energy savings performance contract may con- tain a clause: (1) Permitting the financing source to perfect a security interest in the in- stalled energy conservation measures, subject to and subordinate to the rights of the Federal agency; and (2) Protecting the interests of a Fed- eral agency and a financing source, by authorizing a contracting officer in ap- propriate circumstances to require a contractor who defaults on an energy savings performance contract or who does not cure the failure to make time- ly payments, to assign to the financing source, if willing and able, the contrac- tor’s rights and responsibilities under an energy savings performance con- tract; (a) Any amount paid by a Federal agency pursuant to any energy savings performance contract entered into under this subpart may be paid only from funds appropriated or otherwise made available to the agency for the payment of energy expenses and re- lated operation and maintenance ex- penses which would have been incurred without an energy savings performance contract. The amount the agency would have paid is equal to: (1) The energy baseline under the en- ergy savings performance contract (ad- justed if appropriate under § 436.37), multiplied by the unit energy cost; and (2) Any related operations and main- tenance cost prior to implementation of energy conservation measures, ad- justed for increases in labor and mate- rial price indices. (b) Federal agencies may incur obli- gations pursuant to energy savings per- formance contracts to finance energy conservation measures provided guar- anteed energy cost savings exceed the contractor’s debt service requirements. (a) After contractor implementation of energy conservation measures and annually thereafter during the con- tract term, an annual energy audit shall be conducted by the Federal agen- cy or the contractor as determined by the contract. The annual energy audit shall verify the achievement of annual energy cost savings performance guar- antees provided by the contractor. (b) The energy baseline is subject to adjustment due to changes beyond the contractor’s control, such as— (1) Physical changes to building; (2) Hours of use or occupancy; (3) Area of conditioned space; (4) Addition or removal of energy consuming equipment or systems; (5) Energy consuming equipment op- erating conditions; (6) Weather (i.e., cooling and heating degree days); and

Third Party Financing. (1) This contract is subject to approval for Buyer of a third party first mortgage loan having a loan-to-value ratio not to exceed % as established by such third party (excluding any financed PMI premium), due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan. The loan will be ❑ with ❑ without PMI. (2) This contract is subject to approval for Buyer of a third party second mortgage loan having a loan-to-value ratio not to exceed % as established by such third party (excluding any financed PMI premium), due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan. The loan will be ❑ with ❑ without PMI. ❑ B. TEXAS VETERANS' HOUSING ASSISTANCE PROGRAM LOAN: This contract is subject to approval for Buyer of a Texas Veterans' Housing Assistance Program Loan (the Program Loan) of $ for a period of at least years at the interest rate established by the Texas Veterans' Land Board at the time of closing.

Third Party Financing. Buyer shall, within the Financing Period, as same may be extended as more fully described herein, apply for third party financing ("TP Financing") from an unaffiliated third party lender ("TP Lender") in an amount sufficient, in Buyer's sole discretion, to acquire the Property and complete certain renovations that Buyer deems necessary. Notwithstanding the foregoing, TP Financing to be placed on the Property and the Lakeview Property shall not exceed a combined Twenty-Eight Million Seven Hundred Fifty Thousand Dollars ($28,750,000.

Third Party Financing. If Royal Street requires financing over and above the amounts available to it under the Credit Agreement, and MetroPCS Wireless is unwilling or unable to provide such financing on terms reasonably acceptable to Royal Street, then Royal Street will use reasonable efforts to secure such financing from unaffiliated third parties on commercially reasonable terms in accordance with Section 4.2 hereof.

Third Party Financing. Any Borrower shall file any motion seeking postpetition financing or an extension of postpetition credit other than this DIP Facility; and