Examples of Existing Seller in a sentence
The subordination provisions of the Existing Seller Note and any Permitted Seller Notes are enforceable against the holders thereof, and the Loans and other monetary Obligations hereunder are and will be within the definition of "Senior Indebtedness" included in such provisions.
After giving effect to the Transactions and the other transactions contemplated hereby, Holdings and its subsidiaries shall have outstanding no indebtedness or preferred stock other than (a) the loans and other extensions of credit under the Facilities, (b) the Notes, (c) the Existing Subordinated Notes that may remain outstanding, (d) the Existing Seller Notes and (e) other limited indebtedness, including certain indebtedness to employees of the Borrower, to be agreed upon.
The Existing Seller Equity Awards shall be treated in accordance with Section 5.06(k) of the Seller Disclosure Letter.
The nature and outstanding balances of the Existing Seller Acquisition Debt identified on Schedule 3.01(m) attached hereto is true and accurate in all respects and the Company is not in default with respect to any of the Existing Acquisition Seller Debt.
Holdings and Company have delivered to Syndication Agent and Administrative Agent complete and correct copies of (i) each document evidencing the Existing Seller Subordinated Notes and the Existing Earn-Out Obligations and (ii) copies of any amendment, restatement, supplement or other modification to or waiver of any such document entered into after the date hereof.
Existing Seller is hereby removed from this Repurchase Agreement and released from all of its obligations as a “Seller” and “Seller Party” thereunder and under each Transaction previously entered into by Existing Seller.
Pursuant to that certain Assignment, Assumption and Appointment Agreement, dated as of June 30, 2016, among Existing Seller, Guarantor, Administrative Agent and Credit Suisse, AG, Administrative Agent sold and assigned its right, title and interest in certain Existing Transactions and the related Purchased Assets to such Buyers and was retained as Administrative Agent thereunder.
The Administrative Agent, Credit Suisse AG, the Existing Seller, the Joining Seller, the Pass-Through Trust Trustee and the Guarantor have agreed, subject to the terms and conditions of this Amendment, that the Existing Repurchase Agreement be amended to reflect certain agreed upon revisions to the terms of the Existing Repurchase Agreement.
Neither Seller nor any Group Company shall have any responsibility to renew the Split Dollar Policy.(j) Seller shall retain all liabilities with respect to the U.S. deferred compensation plans, the Brunswick Corporation Supplemental Pension Plan and the Brunswick International Stock Unit Plan and shall make payments with respect to such plans when any amounts become due and payable.(k) Seller shall retain liability for each Existing Seller Equity Award.
Pursuant to the Assignments, Existing Seller thereby assigns and Joining Seller thereby assumes all of the rights and obligations as Seller with respect to all Purchased Assets subject to outstanding Transactions as of the date hereof.