Commitment Papers definition
Examples of Commitment Papers in a sentence
None of the Commitment Letters has been modified or amended as of the date hereof (provided that the existence or exercise of “market flex” provisions contained in the Fee Letter shall not be deemed to constitute a modification or amendment of the Debt Commitment Papers) and, as of the date hereof, none of the commitments under any of the Commitment Letters has been withdrawn or rescinded in any respect.
Neither Parent nor Merger Sub has any Indebtedness (as defined in the Merger Agreement) or liabilities, other than as contemplated by this Agreement, the Related Agreements and the Financing Commitment Papers.
The only conditions precedent (including any market “flex” provisions contained in the Commitment Papers) related to the obligations of the Financing Sources under the Commitment Papers to fund the full amount of the Financing are those expressly set forth in the Commitment Papers and there are no contingencies that would permit the Financing Sources to reduce the total amount of the Financing.
In consideration therefor and for the avoidance of doubt, the Additional Initial Lender shall hereby be entitled to such ratable portion of the applicable fees provided for in the Commitment Papers that are payable to the Initial Lenders thereunder in respect of the Facilities upon the terms and subject to the conditions set forth herein and therein.
As of the date of this Agreement, there are no side letters, understandings or other agreements, contracts or arrangements of any kind relating to the Commitment Papers that could reasonably be expected to adversely affect the amount, availability, enforceability or conditionality of the Financing contemplated by the Commitment Papers.