BofA Agreement definition

BofA Agreement means that certain Second Amended and Restated Credit Agreement dated as of July 31, 2023 (as amended, restated, amended and restated, replaced, supplemented or otherwise modified from time to time), among the Borrower, the Parent Entity, any other guarantors party thereto, the lenders party thereto and Bank of America, N.A. as administrative agent. “Borrower” has the meaning specified in the introductory paragraph hereto. “Borrower Materials” has the meaning specified in Section 7.02.

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BofA Agreement means that certain Amended and Restated Credit Agreement dated as of November 16, 2018 among the Borrower, the Parent Entity, the other guarantors party thereto, the lenders party thereto and Bank of America, N.A. as administrative agent, as such agreement is amended, modified, restated or replaced from time to time.

BofA Agreement as defined in Section 2.4(a)(xii).

Examples of BofA Agreement in a sentence

• Receipt by the Administrative Agent of evidence that prior to or concurrently with the Closing Date: (i) all amounts owing under the Existing PNC Credit Agreement have been paid in full and the Existing PNC Credit Agreement and all commitment thereunder are terminated and (ii) the revolving commitments under the BofA Agreement are terminated and all amounts outstanding in connection therewith are paid in full.

• Receipt by the Administrative Agent of evidence of effectiveness of the BofA Agreement and the Key Agreement substantially concurrently with this Agreement on the Closing Date.

• Use the proceeds of the Credit Extensions (a) to refinance outstanding Indebtedness under the Existing PNC Credit Agreement and the BofA Agreement, (b) to finance working capital, capital expenditures, acquisitions, redevelopment, joint ventures, note purchases, Mezzanine Debt Investments and construction and (c) for other general corporate purposes; provided that in no event shall the proceeds of the Credit Extensions be used in contravention of any Law or of any Loan Document.

• Receipt by the Administrative Agent of evidence of effectiveness of the BofA Agreement and the Capital One Agreement substantially concurrently with this Agreement on the Closing Date.

• Use the proceeds of the Credit Extensions (a) to refinance outstanding Indebtedness under the Existing PNC Credit Agreement and the BofA Agreement and (b) for general corporate purposes, including, but not limited to, working capital, acquisitions, development costs, capitals expenditures, tenant improvements and repayment of Indebtedness; provided that in no event shall the proceeds of the Credit Extensions be used in contravention of any Law or of any Loan Document.

• Create, incur, assume or suffer to exist any Indebtedness, except: 69 CHAR1\2011656v6 (a) (i) Indebtedness under the Loan Documents, (ii) Indebtedness incurred under the BofA Agreement, (iii) Indebtedness incurred under the PNC Agreement and (iv) Indebtedness under the Capital One Agreement.

• As used in this Agreement, the "Term" shall mean the period from the date hereof to the later of (i) 60 calendar days after the date of this Agreement and (ii) the expiration of the term of the BofA Agreement; provided, that in no event shall the Term of this Agreement extend beyond March 31, 2009; provided, further, that this Agreement may be sooner terminated pursuant to Paragraph 10 hereof.

More Definitions of BofA Agreement

BofA Agreement shall have the meaning set forth in Section 7.1(q).