LBO Facility Agreement definition

LBO Facility Agreement means the U.S.$800,000,000 facility agreement dated on or about the date of this Agreement between, among others, the Parent, the Company, Shanghai Pudong Development Bank Co., Ltd. ( ) as facility agent and Ping An Bank Co., Ltd. ( ) as security agent.
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LBO Facility Agreement means the US$800,000,000 facility agreement to be entered into between the Company and the Lenders in respect of the LBO Facility on or about the date of the Facility Agreement.
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Examples of LBO Facility Agreement in a sentence

  • The delivery of any Budget by the Company to the LBO Facility Agent under the LBO Facility Agreement shall be deemed to constitute the delivery by the Borrower to the Facility Agent of such Budget under this Agreement (for so long as the Facility Agent is also performing the role of the LBO Facility Agent and the LBO Facility is subsisting).

  • The delivery of the documents and evidence in paragraphs 8(b), 8(c), 8(d), 8(e) and 8(f) by the Company to the LBO Facility Agent under the LBO Facility Agreement shall be deemed to constitute delivery of the same documents and evidence by the Borrower to the Facility Agent pursuant to this Agreement.

  • The delivery of the documents and evidence in paragraphs 4(a), 4(b), 4(d), 4(e), 4(f) (to the extent relating to the Acquisition, the incurrence of the LBO Facility, the grant of any LBO Transaction Security and guarantees for the LBO Facility) and 4(g) by the Company to the LBO Facility Agent under the LBO Facility Agreement shall be deemed to constitute delivery of the same documents and evidence by the Borrower to the Facility Agent pursuant to this Agreement.

  • The delivery of any document or evidence falling within paragraphs (d), (e), (f) (other than paragraphs (f)(iv), (v), (vi) and (vii)) and/or (g) above by the Company to the LBO Facility Agent under the LBO Facility Agreement shall be deemed to constitute the delivery by the Borrower to the Facility Agent of such document or evidence under this Agreement (for so long as the Facility Agent is also performing the role of the LBO Facility Agent and the LBO Facility is subsisting).

  • If the Wholly-Own Time has occurred, the Borrower shall prepay the Loan in an amount equal to 100% of each Cure Amount (less any portion thereof actually applied towards prepayment of the LBO Facility pursuant to the terms of the LBO Facility Agreement) at the times and in the order of application contemplated by Clause 8.7 (Application of mandatory prepayments and cancellations).

  • If the Wholly-Own Time has occurred, the Borrower shall prepay the Loan in an amount equal to 100% of any Secondary Permitted Subsidiary Capital Raising Proceeds (less any portion thereof actually applied towards prepayment of the LBO Facility pursuant to the terms of the LBO Facility Agreement) at the times and in the order of application contemplated by Clause 8.7 (Application of mandatory prepayments and cancellations).

Related to LBO Facility Agreement

  • Original Facility Agreement means the facility agreement dated 19 December 2018 and made between, amongst others, (i) the Borrower, (ii) the Lenders, (iii) the Mandated Lead Arrangers, (iv) the Facility Agent and the SACE Agent and (v) the Security Trustee.

  • Facility Agreements means the agreements of that name between the Issuer and different

  • Credit Facility Agreement means the Credit Facility and Reimbursement Agreement dated as of January 1, 2007, between the Bond Bank and the Bank providing for the timely payment, when due, of a portion of the principal of and interest on the Notes, all subject to such conditions and under such terms as described in Article X of the Indenture.

  • Amended Facility Agreement means the Facility Agreement as amended and supplemented by this Agreement.

  • Refinancing Facility Agreement means a Refinancing Facility Agreement, in form and substance reasonably satisfactory to the Agent, among Holdings, the Borrower, each Subsidiary of the Borrower party to this Agreement, the Agent and one or more Refinancing Lenders, establishing Refinancing Commitments and effecting such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.26.

  • Facility Agreement means the Facility Agreement referred to in Recital (A).

  • Local Facility Agreements means any agreement under which a Local Facility is made available.

  • Incremental Facility Agreement means an Incremental Facility Agreement, in form and substance reasonably satisfactory to the Agent and the Borrower, among the Borrower, the Agent and one or more Incremental Lenders, establishing Incremental Commitments and effecting such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.18.

  • Exit Facility Credit Agreement means the credit agreement, Filed with the Plan Supplement, which credit agreement shall contain terms and conditions consistent in all respects with those set forth on the Exit Facility Term Sheet and, to the extent any terms and conditions are not set forth on or contemplated therein, such other terms and conditions as are acceptable to the Special Restructuring Committee and the Majority Noteholders in the manner set forth in the Restructuring Support Agreement.

  • Credit Facility Documents means the collective reference to any Credit Facility, any notes issued pursuant thereto and the guarantees thereof, and the collateral documents relating thereto, as amended, supplemented, restated, renewed, refunded, replaced, restructured, repaid, refinanced or otherwise modified, in whole or in part, from time to time.

  • Credit Agreement Documents means the collective reference to any Credit Agreement, any notes issued pursuant thereto and the guarantees thereof, and the collateral documents relating thereto, as amended, supplemented, restated, renewed, refunded, replaced, restructured, repaid, refinanced or otherwise modified, in whole or in part, from time to time.

  • Credit Line Agreement means the related credit line account agreement for a Mortgage Loan executed by the related mortgagor and any amendment or modification of it.

  • Subsidiary Loan Agreement means the agreement to be entered into between the Borrower and ECTEL pursuant to Section 3.01(b) of this Agreement, as the same may be amended from time to time; and such term includes all schedules to the Subsidiary Loan Agreement;

  • Commitment Agreement means the written agreement that may be required at EDTI’s sole discretion between a Customer and EDTI whereby the Customer both authorizes the design and construction of new or expanded Facilities and agrees to pay all cancellation costs if the project is cancelled or if the Customer fails to sign an Electric Service Agreement prior to the energization of the new or expanded Facilities;

  • Refinancing Agreement as defined in Subsection 8.3(c).

  • Exit Facility Documents means, collectively, the Exit Credit Agreement, and all other agreements, documents, and instruments delivered or entered into in connection with the Exit Facility, including any guarantee agreements, pledge and collateral agreements, intercreditor agreements, subordination agreements, fee letters, and other security documents.

  • Existing Loan Agreement has the meaning set forth in the recitals to this Agreement.

  • Credit Agreements means any promissory note, mortgage, loan agreement, indenture or similar instrument or agreement to which the Company or any of its Subsidiaries is or becomes a borrower, as such instruments or agreements may be amended, restated, supplemented or otherwise modified from time to time and including any one or more refinancing or replacements thereof, in whole or in part, with any other debt facility or debt obligation, for as long as the payee or creditor to whom the Company or any of its Subsidiaries owes such obligation is not an Affiliate of the Company.

  • Term Loan Agreement has the meaning assigned to such term in the recitals of this Agreement.

  • Term Credit Agreement shall have the meaning set forth in the recitals hereto.

  • Credit Facility shall include any agreement or instrument (1) changing the maturity of any Indebtedness Incurred thereunder or contemplated thereby, (2) adding Subsidiaries of the Company as additional borrowers or guarantors thereunder, (3) increasing the amount of Indebtedness Incurred thereunder or available to be borrowed thereunder or (4) otherwise altering the terms and conditions thereof.

  • Secured Cash Management Agreement means any Cash Management Agreement that is entered into by and between any Loan Party and any Cash Management Bank.

  • DIP Facility Documents means any notes, certificates, agreements, security agreements, documents, or instruments (including any amendments, restatements, supplements, or modifications of any of the foregoing) related to or executed in connection with the DIP Credit Agreement.

  • Construction Loan Agreement means the Construction Loan Agreement between Lender and Borrower for construction on the Land.

  • Co-Lender Agreement With respect to any Loan Combination, the co-lender agreement, intercreditor agreement, agreement among noteholders or similar agreement, dated as of the date set forth in the Loan Combination Table under the column heading “Date of Co-Lender Agreement” and governing the relative rights of the holders of the related Mortgage Loan and Companion Loan(s), as the same may be amended, restated or otherwise modified from time to time in accordance with the terms thereof. A Co-Lender Agreement exists with respect to each Loan Combination as of the Closing Date.

  • Credit Agreement Refinancing Indebtedness means (a) Permitted First Priority Refinancing Debt, (b) Permitted Junior Priority Refinancing Debt or (c) Permitted Unsecured Refinancing Debt, in each case, issued, incurred or otherwise obtained (including by means of the extension or renewal of existing Indebtedness) in exchange for, or to extend, renew, replace, repurchase, retire or refinance, in whole or part, existing Term Loans, or any then-existing Credit Agreement Refinancing Indebtedness (“Refinanced Debt”); provided that (i) such Indebtedness has a maturity no earlier, and a Weighted Average Life to Maturity equal to or greater, than 91 days after the Latest Maturity Date at the time such Indebtedness is incurred, (ii) such Indebtedness shall not have a greater principal amount (or accreted value, if applicable) than the principal amount (or accreted value, if applicable) of the Refinanced Debt plus accrued interest, fees, premiums (if any) and penalties thereon and reasonable fees and expenses associated with the refinancing, (iii) the terms and conditions of such Indebtedness (except as otherwise provided in clause (ii) above and with respect to pricing, rate floors, discounts, premiums and optional prepayment or redemption terms) are substantially identical to, or (taken as a whole) are no more favorable to the lenders or holders providing such Indebtedness, than those applicable to the Refinanced Debt being refinanced (except for covenants or other provisions applicable only to periods after the Latest Maturity Date at the time of incurrence of such Indebtedness) (provided that a certificate of a Responsible Officer delivered to the Agent at least five (5) Business Days prior to the incurrence of such Indebtedness, together with a reasonably detailed description of the material terms and conditions of such Indebtedness or drafts of the documentation relating thereto, stating that the Parent Borrower has determined in good faith that such terms and conditions satisfy the requirement of this clause (iii) shall be conclusive evidence that such terms and conditions satisfy such requirement unless the Agent notifies the Parent Borrower within such five (5) Business Day period that it disagrees with such determination (including a description of the basis upon which it disagrees)), and (iv) such Refinanced Debt shall be repaid, repurchased, retired, defeased or satisfied and discharged, and all accrued interest, fees, premiums (if any) and penalties in connection therewith shall be paid, on the date such Credit Agreement Refinancing Indebtedness is issued, incurred or obtained.