Make-Well definition
Examples of Make-Well in a sentence
The Obligations shall be supported by the Members pursuant to the Completion Guaranty and the Make-Well Agreement, subject to termination thereof in accordance with their respective terms.
This Agreement shall automatically terminate upon the earlier to occur of (a) satisfaction of the Obligations or (b) satisfaction of each of the Make-Well Release Conditions (as defined in the Loan Agreement on the date hereof).
Any notice, request or demand to or upon Administrative Agent, Borrower or Lenders or Circus under or relating to this Make-Well Agreement shall not be effective until received.
This writing is intended by Circus, Borrower and Administrative Agent as the final expression of this Make-Well Agreement and is also intended as a complete and exclusive statement of the terms of their agreement with respect to the matters covered hereby.
The following terms used in this Agreement shall have the meanings set forth below: "Additional Contributions" has the meaning set forth for that term in the Make-Well Agreement.
As used in this Make-Well Agreement, the following terms shall have the following meanings unless the context otherwise requires: "Additional Contributions" has the meaning assigned to that term in Section 2.1. "Make-Well Agreement" means, as of any date, this Amended and Restated Make-Well Agreement as it may be amended, supplemented or otherwise modified from time to time through such date.
This Make-Well Agreement may be executed in one or more counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument; signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document.
The Company shall comply with the terms of the Make-Well Agreement and agrees that in the event it repays Indebtedness under the Credit Facility pursuant to the Make-Well Agreement, it will effect a corresponding permanent reduction in the commitments under the Credit Facility.
For greater certainty, Obligor acknowledges that the issuance by Borrower of a Sub Debt Contribution Note to Obligor is not a condition precedent to its obligation to make any Make-Well Payment required hereunder.
Circus has caused this Make-Well Agreement to be duly executed and delivered by its officer thereunto duly authorized as of the date first written above.