Examples of Mezzanine Agreement in a sentence
And even if paragraph 7(b) implies the availability of an Enforcement Action by Mezzanine Lender, such an action is tied to “an event of default under the Mezzanine Loan Documents,” which brings into play the ambiguities of the Mezzanine Agreement, discussed in Part I above.What Judge Patterson referred to as paragraph or section “8(h)(i)” is set forth in an unnumbered and unlettered subparagraph placed within paragraph 8(h) of the Intercreditor Agreement.
Notwithstanding the foregoing, the Requisite Holders may not elect to require payment of a dividend if the Board reasonably determines that paying such dividend (whether in cash or by the issuance of additional shares of Series A Preferred Stock) would violate a term of the Senior Loan Agreement, the Mezzanine Agreement or any other financing agreement entered into by the Corporation in replacement of or in connection with the refinancing of the obligations of the Corporation thereunder.
In conjunction with the ConvaTec Acquisition and the Unomedical Acquisition, the Company issued Series 1, 2 and 3 mandatorily redeemable preferred equity certificates, entered into a Senior Facilities Agreement and Mezzanine Agreement and borrowed cash from the Parent, which was then converted to common stock of the Company.
As we discuss below, the repayment obligation, failure of which constitutes an “Event of Default,” is more restrictive in the Mezzanine Agreement than in the Pledge Agreement.
Paragraph 4.26(c) of the Mezzanine Agreement states: “Nothing in this Agreement or in the Note shall affect the obligation of the Borrower to pay the Debt in the manner and at the time and place therein respectively expressed.”Paragraph 22 of the Intercreditor Agreement provides in part: This agreement is for the sole benefit of the Anglo Senior Lender, Mezzanine Lender, and their respective successors and assigns.
Notwithstanding the foregoing, the Requisite Holders may not elect to require payment of a dividend if the Board reasonably determines that paying such dividend (whether in cash or by the issuance of additional shares of Series C Preferred Stock) would violate a term of the Senior Loan Agreement, the Mezzanine Agreement or any other financing agreement entered into by the Corporation in replacement of or in connection with the refinancing of the obligations of the Corporation thereunder.
As of the Petition Date, the total amount outstanding under the Prepetition Mezzanine Agreement (including accrued interest) was approximately $88.5 million.
Indemnitee is prepared to make a loan (the "MEZZANINE LOAN") to Indemnitor in the principal amount of $5,000,000.00 pursuant to a Mezzanine Agreement of even date herewith between Indemnitor and Indemnitee (as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time, the "MEZZANINE LOAN AGREEMENT").
Each Secured Party may assign all or any part of their rights under this Agreement in accordance with, and in connection with a transfer under, the Mezzanine Agreement.
The Prepetition Mezzanine Agreement was amended five times, as a result of which the principal balance was increased from $55 million to $85.5 million.