FIUI definition
Examples of FIUI in a sentence
The Parties agree that any payment made among the Parties pursuant to this Agreement shall be treated, to the extent permitted by Law, for all U.S. federal income Tax purposes as either (i) a non-taxable contribution by FIUI to NewCo, or (ii) a distribution by NewCo to FIUI, and, with respect to any payment made among the Parties pursuant to this Agreement after the Distributions, such payment shall be treated as having been made immediately prior to the Distributions.
The "Guarantees" as such term is defined in the FIUI Credit Agreement.
Pursuant to Section 3.8 of the Separation Agreement, FIUI may exercise the Merger Election Right at any time following the IPO.
Accordingly, the Parties hereby agree that Flex, on behalf of FIUI, may exercise the Merger Election Right by delivering a written notice of such election to Nextracker at any time following the IPO (the “Merger Notice”).
FIUI and each of the other Material Subsidiaries is a Subsidiary of FIL.
Until this Agreement becomes effective in accordance with the terms hereof, the Existing FIUI Credit Agreement shall remain in full force and effect and shall not be affected hereby.
Borrower has requested Lenders and Lenders have agreed, upon the terms and subject to the conditions set forth herein, to amend and restate the Existing FIUI Credit Agreement in its entirety as provided herein.
After the Effective Date, all obligations of Borrower under the Existing FIUI Credit Agreement shall become obligations of Borrower hereunder, secured by the Security Documents, and the provisions of the Existing FIUI Credit Agreement shall be superseded by the provisions hereof.
As of the date hereof, all Newco Shares are owned by FIUI, and prior to the Distribution Closing will be, owned by FIUI (or a Subsidiary thereof), free and clear of any Lien, and there are and as of the Closing there will be no other equity interests authorized, issued or outstanding in Newco.
This Agreement may not be terminated, modified or amended except by an agreement in writing signed by Flex and Nextracker OpCo before an IPO and following an IPO, by Flex, FIUI, Nextracker PubCo and Nextracker OpCo.