ABL Commitment Letter definition
Examples of ABL Commitment Letter in a sentence
The Lenders will work in good faith with the ABL Agent to amend or otherwise modify the Intercreditor Agreement to the extent necessary to give effect to (a) the provisions of this Term Sheet, (b) the Closing Date Modifications (including to ABL Commitment Letter on the terms described in Annex B) and/or (c) the Merger.
Except as set forth in the applicable Debt Letter, there are no (i) conditions precedent to the respective obligations of the Financing Sources that are party to the ABL Commitment Letter to fund the full amount of the ABL Financing, (ii) conditions precedent to the obligations of Bank J.
Notwithstanding anything to the contrary set forth herein, Sections 9.1, 9.6, 9.11, 9.12 and 9.13 and this Section 9.2 (and any provision of this Agreement to the extent a modification, waiver or termination of such provision would modify the substance of any such Sections) may not be waived or terminated in a manner that is adverse to the Financing Source Related Parties without the prior written consent of the lead arranger under the ABL Commitment Letter.
In the event that Parent commences an enforcement action to enforce its rights under the ABL Commitment Letter, the Definitive Agreements, the Change of Control Offer Letter or the Equity Commitment Letters and/or cause the Financing Sources to fund the ABL Financing, Bank J.
Parent shall give the Company prompt oral and written notice of any material breach or default by any party to the ABL Commitment Letter, the Definitive Agreements, the Change of Control Offer Letter or the Equity Commitment Letters of which Parent becomes aware or any termination, withdrawal, repudiation or waiver, amendment or other modification of the ABL Commitment Letter, the Definitive Agreements, the Change of Control Offer Letter or the Equity Commitment Letters.
For the avoidance of doubt, subject to the foregoing, Parent may amend, supplement or modify the ABL Commitment Letter as in effect at the date hereof (x) to add or replace lenders, lead arrangers, bookrunners, syndication agents or similar entities who had not executed the ABL Commitment Letter as of the date of this Agreement, (y) to increase the amount of indebtedness or (z) in any manner not inconsistent with this Section 6.9(b).
Safra ▇▇▇▇▇▇▇ ▇▇ to consummate the Debt Purchase less likely to be obtained, (iv) prevents, impedes or delays the occurrence of the Closing, (v) adversely impacts the ability of Parent to enforce its rights against any other party to the ABL Commitment Letter, the Definitive Agreements, the Change of Control Offer Letter or the Equity Commitment Letters or (vi) adversely impacts the ability of Parent to consummate the transactions contemplated hereby.
On the Effective Date, the Reorganized Debtors shall enter into the Exit Facilities (the terms of which shall be set forth in the Exit Facility Documents) on terms consistent with the Exit Facilities Term Sheet and ABL Commitment Letter, if applicable.
For the avoidance of doubt, the terms of this Article II.A.2.c shall not apply to the parties entitled to receive the Restructuring Fees and Expenses, which are authorized to be paid in accordance with the Combined Order, this Plan, engagement and/or fee letters with the Debtors, the Transaction Support Agreement, the DIP Facilities Documents, and the DIP & Exit ABL Commitment Letter (as applicable).
Notwithstanding anything to the contrary in this Agreement, nothing contained in this Section 6.9 shall require, and in no event shall the reasonable best efforts of Parent or Merger Sub be deemed or construed to require, either Parent or Merger Sub to pay any material fees in excess of those contemplated by the ABL Commitment Letter or the Fee Letter.