Examples of Bank Financing Agreements in a sentence
The Company will cause each Subsidiary that, after the Closing Date, executes a guaranty of obligations outstanding under the Bank Financing Agreements, to execute and deliver to each holder of Notes, simultaneously with its execution and delivery of any such guaranty of obligations under the Bank Credit Agreement, a copy of the Joinder Agreement in the form attached to the Subsidiary Guaranty as Annex 2, duly executed by such Subsidiary.
All corporate and other action and governmental filings necessary to effectuate the terms of this Agreement, the Securities, each of the MacGregor Asset Contribution Agreement, the Melaxxx Xxxck Redemption Agreement, the Melaxxx/Xxxtx Xxxet Contribution Agreement and the Bank Financing Agreements, and other agreements and instruments executed and delivered by the Company in connection herewith and therewith shall have been made or taken.
In addition to, and not in limitation of, the foregoing, the Obligors will not deliver any Guaranty, collateral, security or other credit enhancement in respect of the Bank Financing Agreements (excluding the exercise of any right of set-off) unless, concurrently therewith, such credit enhancement is also delivered to the holders for the benefit of the Notes on a pari passu basis, it being agreed that any credit enhancement subject to the Sharing Agreement shall be deemed to be on a pari passu basis.
A closing (the "Closing") shall take place at the offices of Goodxxx, Xxocter & Hoar, Xxston, Massachusetts, together with the closing of the transactions contemplated by each of the MacGregor Asset Contribution Agreement, the Melaxxx Xxxck Redemption Agreement, the Melaxxx/Xxxtx Xxxet Contribution Agreement and the Bank Financing Agreements (each as hereinafter defined), subject to satisfaction or waiver of all of the conditions set forth herein and therein.
There shall not have occurred any event or series of related events which, individually or in the aggregate, have materially and adversely affected or could reasonably be anticipated to materially and adversely affect the assets, liabilities, properties, business or prospects of any of the business that is the subject matter of each of the MacGregor Asset Contribution Agreement, the Melaxxx Xxxck Redemption Agreement, the Melaxxx/Xxxtx Xxxet Contribution Agreement and the Bank Financing Agreements.
The maturity of the Bonds of the Eighty-sixth Series is subject to acceleration in the same manner and under the same conditions that the Senior Bank Expense Obligations under the Senior Bank Financing Agreements or the Master Creditor Agreement, as the case may be, are subject to acceleration.
The Company, the Investors and each other stockholder of the Company, after giving effect to the transactions contemplated by this Agreement and each of the MacGregor Asset Contribution Agreement, the Melaxxx Xxxck Redemption Agreement, the Melaxxx/Xxxtx Xxxet Contribution Agreement and the Bank Financing Agreements, shall have entered into a Stockholders' Agreement in substantially the form attached hereto as Exhibit D.
The Company shall have paid all legal and accounting fees and related expenses incurred by it and the Investors in connection with the transactions contemplated by this Agreement, the MacGregor Asset Contribution Agreement, the Melaxxx Xxxck Redemption Agreement, the Melaxxx/Xxxtx Xxxet Contribution Agreement and the Bank Financing Agreements and concurrent or related transactions.
The consummation of the transactions contemplated by this Agreement, the MacGregor Asset Contribution Agreement, the Melaxxx Xxxck Redemption Agreement, the Melaxxx/Xxxtx Xxxet Contribution Agreement or the Bank Financing Agreements or the transactions contemplated hereby or thereby shall not be in violation of any law or regulation, and shall not be subject to any injunction, stay or restraining order.
Each Obligor represents and warrants that (excluding the exercise of rights of set-off) no Guaranty, collateral, security or other credit enhancement has been given, directly or indirectly, for the benefit of the Bank Financing Agreements other than (i) the Subsidiary Guaranty, (ii) the Parent Guaranty, (iii) the Alternate Currency Guaranty and (iv) the Bank Pledge Agreements.