Backstop Financing definition
Examples of Backstop Financing in a sentence
Backstop Financing As defined in the Restructuring Support Agreement.
The Acquiror will promptly deliver to the Company true, correct and complete copies of each Backstop Financing Documents entered into by the Acquiror and the Backstop Investors.
The HFOTCO Debt Commitment Letter is not subject to any conditions precedent related to the funding of the full amount of the HFOTCO Backstop Financing (including pursuant to any flex provisions in the related fee letter or otherwise) other than as set forth expressly therein and are in full force and effect and are the legal, valid, binding and enforceable obligations of SEMG and Buyers and, to the Knowledge of SEMG, each of the other parties thereto, as the case may be, subject to Creditors’ Rights.
The Purchaser shall have received net proceeds from the Private Placement or Backstop Financing sufficient such that, after giving effect to the Merger, the Redemption and the receipt of such net proceeds, the Purchaser will satisfy the applicable listing requirements of Nasdaq.
Subject to the terms and upon satisfaction of the conditions set forth in the Backstop Commitment Letter, if the Credit Agreement Amendment is not obtained on or prior to the Closing Date, Acquiror shall use its reasonable best efforts to cause the Backstop Lenders to provide the Committed Backstop Financing on or prior to the Closing Date.
It is understood and agreed that the foregoing provisions of this Section 10.02(h) will not limit the rights of the parties to the Committed Backstop Financing under any commitment letter relating thereto.
Upon request of the Company, Acquiror shall keep the Company reasonably informed on a current basis and in reasonable detail of material developments in respect of the Committed Backstop Financing, the Credit Agreement Amendment and the processes relating thereto.
SEMG shall keep Sellers reasonably informed with respect to any material developments concerning the status of the HFOTCO Backstop Financing.
The Company shall, and shall cause its Representatives to, cooperate with Acquiror and its Representatives in connection with the Backstop Financing (including having the Company’s senior management participate in any investor meetings and roadshows as reasonably requested by Acquiror).
In furtherance, and not in limitation of, the foregoing waiver, it is acknowledged and agreed that no Financing Source shall have any liability for any claims or damages to the Company or any Company Related Party (other than Acquiror or Merger Sub) in connection with this Agreement, the Backstop Commitment Letter, the Committed Backstop Financing, the definitive financing arrangements or the transactions contemplated hereby or thereby, in each case in connection with the Transactions.