Use of Proceeds by Company Sample Clauses

Use of Proceeds by Company. Company shall have provided evidence satisfactory to Administrative Agent that the cash proceeds from the debt and equity capitalization of Company described in the immediately preceding clause (ii) shall have been irrevocably committed, prior to the application of the proceeds of the Term Loans and the Revolving Loans made on the Closing Date, to the payment of the Purchase Price and Transaction Costs.
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Use of Proceeds by Company. Company agrees that the proceeds of the Loan shall be used for the sole purpose of lending such proceeds to the Trustee, such loan to be evidenced by that certain ESOP Note (And Pledge Agreement) of even date herewith made by the Trustee to the Company (the "ESOP Note"), for the sole purpose of enabling the Trustee to refinance a prior loan for the purchase by the Plan of "qualifying employer securities", as such term is defined in Section 408(e) of the Employee Retirement Income Security Act of 1974, as amended, and Section 4975(d)(3) of the Internal Revenue Code of 1986, as amended.
Sample 1
Use of Proceeds by Company. Merger Sub shall have provided evidence satisfactory to Administrative Agent that the proceeds of the debt and equity capitalization of Merger Sub described in the immediately preceding clause and any cash on hand of FTD that will be used to fund a portion of the Merger Financing Requirements have been irrevocably committed, prior to the application of the proceeds of the Term Loans, to the payment of a portion of the Merger Financing Requirements. Q. RELATED AGREEMENTS
Sample 1
Use of Proceeds by Company. Company shall have provided evidence satisfactory to Administrative Agent that all proceeds of the debt and equity capitalization of Company described in the immediately preceding clause (ii) have been applied, prior to or simultaneously with the application of the proceeds of the Tender Loans, to the purchase of the Tendered Target Shares.
Sample 1
Use of Proceeds by Company. Company shall have provided evidence -------------------------- satisfactory to Agents that the proceeds of the debt and equity capitalization of Company described in the immediately preceding clause (i), together with cash of Company and its Subsidiaries of not less than $4,000,000, have been irrevocably committed, prior to the application of the proceeds of any Revolving Loans made on the Closing Date, to the payment of a portion of the following: (a) to finance the purchase price payable in connection with the Lil' Champ Acquisition, (b) to refinance Indebtedness of Company and Lil' Champ outstanding under the Existing Credit Agreements in an aggregate maximum principal amount not exceeding $25,000,000 (including without limitation Existing Letters of Credit with an aggregate stated amount of approximately $9,100,000), (c) to finance the repurchase of $51,000,000 in principal amount of Senior Notes and to pay accrued and unpaid interest thereon, (d) to finance the payment of up to $7,000,000 in tender offer premiums and consent fees related to the repurchase of Senior Notes and the solicitation of consents from the holders of the Senior Notes to certain amendments to the Senior Note Indenture, and (e) to pay Transaction Costs in an aggregate amount of approximately $15,000,000.
Sample 1
Use of Proceeds by Company. Company shall have provided evidence -------------------------- satisfactory to Agents that (x) the proceeds of the equity capitalization of Company described in the preceding clause (i), (y) the Escrowed Debt Securities Proceeds referred in the immediately preceding clause (ii) and (z) the Fort Xxxxx Sale Proceeds referred to in subsection 4.1C have been irrevocably committed, prior to the application of the proceeds of the Term Loans and any Revolving Loans made on the Closing Date, to the payment of a portion of the Purchase Price for the Xxxxxx Shares, the repayment of the outstanding Indebtedness of Xxxxxx and its Subsidiaries under the Existing Credit Agreement and the Transaction Costs.
Sample 1
Use of Proceeds by Company. On the Closing Date, Company shall have provided evidence satisfactory to Administrative Agent that the proceeds of the debt and equity capitalization of Company described in the immediately preceding clause (iii) have been irrevocably committed, prior to the application of the proceeds of the Term Loans and any Revolving Loans made on the Closing Date, to the payment of a portion of the Acquisition Financing Requirements (by virtue of the loan or contribution thereof to Acquisition Co., and Acquisition Co.'s irrevocable commitment to satisfy the Acquisition Financing Requirements).
Sample 1
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Use of Proceeds by Company. On the Closing Date, Company shall have provided evidence satisfactory to Administrative Agent that the proceeds of the Senior Second Lien Secured Notes have been applied to repay in full all outstanding obligations under the Existing Credit Agreement on the Closing Date.
Sample 1
Use of Proceeds by Company. Company shall have provided evidence satisfactory to Agents that (x) the proceeds from the Equity Contribution described in the preceding clause (i) and (y) the proceeds from the sale and issuance of Senior Notes described in the immediately preceding clause (ii) have been irrevocably committed, 57 58 prior to the application of the proceeds of the Loans on the Closing Date, to (1) the Capital Contributions, (2) the repayment of the outstanding Indebtedness of Company under the Bridge Agreement and (3) the payment of the Transaction Costs.
Sample 1

Related to Use of Proceeds by Company

  • Compliance with Laws; Use of Proceeds Each Loan Party shall, and shall cause each of its Subsidiaries to, comply with all applicable Laws, including all Environmental Laws, in all respects; provided that it shall not be deemed to be a violation of this Section 8.1.7 if any failure to comply with any Law would not result in fines, penalties, remediation costs, other similar liabilities or injunctive relief which in the aggregate would constitute a Material Adverse Change. The Loan Parties will use the Letters of Credit and the proceeds of the Loans only in accordance with Section 2.8 [Use of Proceeds] and as permitted by applicable Law.

  • Use of Proceeds The Company will use the net proceeds received by it from the sale of the Securities in the manner specified in the Prospectus under “Use of Proceeds.”

  • Use of Proceeds; Margin Regulations The Company will apply the proceeds of the sale of the Bonds to repay existing indebtedness and for general corporate purposes and in compliance with all laws referenced in Section 5.16. No part of the proceeds from the sale of the Bonds hereunder will be used, directly or indirectly, for the purpose of buying or carrying any margin stock within the meaning of Regulation U of the Board of Governors of the Federal Reserve System (12 CFR 221), or for the purpose of buying or carrying or trading in any securities under such circumstances as to involve the Company in a violation of Regulation X of said Board (12 CFR 224) or to involve any broker or dealer in a violation of Regulation T of said Board (12 CFR 220). Margin stock does not constitute more than 2% of the value of the consolidated assets of the Company and its Subsidiaries and the Company does not have any present intention that margin stock will constitute more than 2% of the value of such assets. As used in this Section, the terms “margin stock” and “purpose of buying or carrying” shall have the meanings assigned to them in said Regulation U.

  • Use of Proceeds of the Grant Section 3.01. The Recipient shall cause the proceeds of the Grant to be applied to the financing of expenditures on the Project in accordance with the provisions of this Grant Agreement.

  • Use of Proceeds of the Loan Section 3.01. The Borrower shall cause the proceeds of the Loan to be applied to the financing of expenditures on the Project in accordance with the provisions of this Loan Agreement.

  • Application of Proceeds of Sale The proceeds of any sale of Collateral pursuant to Section 6, as well as any Collateral consisting of cash, shall be applied by the Collateral Agent as follows: FIRST, to the payment of all costs and expenses incurred by the Collateral Agent in connection with such sale or otherwise in connection with this Agreement, any other Loan Document or any of the Obligations, including all court costs and the reasonable fees and expenses of its agents and legal counsel, the repayment of all advances made by the Collateral Agent hereunder or under any other Loan Document on behalf of any Pledgor and any other costs or expenses incurred in connection with the exercise of any right or remedy hereunder or under any other Loan Document; SECOND, to the payment in full of the Obligations (the amounts so applied to be distributed among the Secured Parties pro rata in accordance with the amounts of the Obligations owed to them on the date of any such distribution); and THIRD, to the Pledgors, their successors or assigns, or as a court of competent jurisdiction may otherwise direct. The Collateral Agent shall have absolute discretion as to the time of application of any such proceeds, moneys or balances in accordance with this Agreement. Upon any sale of the Collateral by the Collateral Agent (including pursuant to a power of sale granted by statute or under a judicial proceeding), the receipt of the purchase money by the Collateral Agent or of the officer making the sale shall be a sufficient discharge to the purchaser or purchasers of the Collateral so sold and such purchaser or purchasers shall not be obligated to see to the application of any part of the purchase money paid over to the Collateral Agent or such officer or be answerable in any way for the misapplication thereof.

  • Use of Proceeds and Letters of Credit The Letters of Credit and the proceeds of the Loans will be used only for general working capital purposes, which may include refinancing existing Indebtedness. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations U and X.

  • Use of Proceeds of Loans The proceeds of the Loans to the Borrower hereunder may be used for the purposes of:

  • Use of Proceeds; Margin Stock The proceeds of the Borrowings hereunder will be used solely for the purposes specified in Section 7.9. None of such proceeds will be used (a)(i) for the purpose of purchasing or carrying any Margin Stock or (ii) for the purpose of reducing or retiring any Indebtedness which was originally incurred to purchase or carry Margin Stock, or (iii) for any other purpose that might constitute this transaction a “purpose credit” within the meaning of Regulation U or (b) for the acquisition of another Person unless the board of directors (or other comparable governing body) or stockholders, as appropriate, of such Person has approved such acquisition.

  • Use of Proceeds of Advances Advances of the Revolving Credit shall be used to finance working capital and other lawful corporate purposes.

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