Examples of New Financing Documents in a sentence
This Agreement (including any schedules and exhibits hereto), the Company Disclosure Schedule, the Guarantee, the Voting Agreement, the Rollover Agreement and the Financing Documents (and the New Financing Documents, if applicable), constitute the entire agreement, and supersedes all other prior agreements, understandings, representations and warranties, both written and oral, among the parties, with respect to the subject matter hereof.
From and after the filing of the 8-K Filing, the Borrower shall have disclosed all material, non-public information (if any) provided or made available to any Purchaser (or any Purchaser’s agents or representatives) by Borrower or any of its respective officers, directors, employees, Affiliates or agents in connection with the transactions contemplated by this Agreement or the New Financing Documents or otherwise on or prior to the date hereof.
Notwithstanding anything to the contrary in this Confirmation Order or the Plan, the Bankruptcy Court’s retention of jurisdiction shall not govern the enforcement of the New Financing Documents or any Liens, security interests, rights or remedies related thereto except to the extent that the Confirmation Order has been vacated or reversed, but instead, such enforcement shall be governed as set forth in the New Financing Documents.
On the Effective Date, all of the liens and security interests intended to be granted in accordance with the New Financing Documents (the “ New Secured Notes Liens”) shall be deemed approved and shall be legal, valid, binding, attached, enforceable and perfected first priority liens and security interests in the collateral for the New Cubic Energy Senior Secured Notes.
On the Effective Date, the applicable Reorganized Cubic Asset Debtors and all parties to the New Financing Documents are authorized to, and shall, execute and deliver the New Financing Documents, including the New Cubic Energy Senior Secured Notes and all related documents to which such Reorganized Cubic Asset Debtors are intended to be a party on the Effective Date pursuant to the Plan.
On the Effective Date, all of the liens and security interests to be granted in accordance with the New BP Documents (the “New BP Liens”) shall be deemed approved and shall be legal, valid, binding, enforceable and liens and security interests in the collateral securing the Reorganized Cubic Asset Debtors’ obligations under the Modified Cubic Asset BP Hedges, with the priority set forth in the New Financing Documents and New BP Documents.
The New Financing Documents (it being acknowledged and agreed that the closing of the New Financing is not a condition precedent to the consummation of the Transaction).
On the Effective Date, without any further action by the Court or the directors, officers, managers, members, or stockholders of any of the Debtors or Reorganized Debtors, each Debtor or Reorganized Debtor, as applicable, will be and is authorized to enter into, and fully perform under, the New Financing Documents to which such Reorganized Debtor is contemplated to be a party on the Effective Date.
Upon the occurrence of the Effective Date, the Reorganized Debtors shall be authorized to file UCC-3 termination statements or similar documents upon reasonable request of the agents under the New Financing Documents and subject to the terms thereof.
Mr. Garringer made a motion for the approval of bills in the amount of $33,542.41.