Oyster Borrower definition

Oyster Borrower means (a) from the Second Amendment Effective Date until the consummation of the First Oyster Merger, Oyster Merger Sub I, (b) from the consummation of the First Oyster Merger until the consummation of the Second Oyster Merger, Oyster Target, and (c) from and after the consummation of the Second Oyster Merger until the consummation of the Oyster Debt Assumption, Oyster Merger Sub II; it being understood and agreed that from and after the consummation of the Oyster Debt Assumption, all of the obligations of the Oyster Borrower under the Oyster Credit Documents shall become obligations of the Borrower.
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Oyster Borrower means (x) prior to the consummation of the First Oyster Merger, Oyster Merger Sub I, (y) from and after the consummation of the First Oyster Merger but prior to the consummation of the Second Oyster Merger, the Oyster Target and (z) from and after the consummation of the Second Oyster Merger, Oyster Merger Sub II.
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Oyster Borrower means (xa) prior tofrom the Second Amendment Effective Date until the consummation of the First Oyster Merger, Oyster Merger Sub I, (yb) from the consummation of the First Oyster Merger until the consummation of the Second Oyster Merger, Oyster Target, and (c) from and after the consummation of the FirstSecond Oyster Merger but prior tountil the consummation of the SecondOyster Debt Assumption, Oyster Merger, the Oyster Target and (z) Sub II; it being understood and agreed that from and after the consummation of the Second Oyster Merger, Oyster Merger Sub IIOyster Debt Assumption, all of the obligations of the Oyster Borrower under the Oyster Credit Documents shall become obligations of the Borrower.
Sample 1

Examples of Oyster Borrower in a sentence

  • The terms of the Oyster Term Loans will be as agreed between the Oyster Borrower and the Persons providing such Oyster Term Loans; provided that the Oyster Term Facility may participate on a pro rata basis or a less than pro rata basis (but not greater than a pro rata basis) in any voluntary or mandatory repayments or prepayments of the Initial Term Loans (other than pursuant to a refinancing or with respect to greater than pro rata payments to an earlier maturing tranche).

  • None of the Oyster Borrower or any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any of its Contractual Obligations, and no condition exists which, with the giving of notice or the lapse of time or both, could constitute such a default, except in each case where the consequences, direct or indirect, of such default or defaults, if any, could not reasonably be expected to have an Oyster Material Adverse Effect.

  • The Oyster Term Facility will become effective pursuant to an amendment (an “Oyster Term Facility Amendment”) to this Agreement and, as appropriate, other Credit Documents, executed by the Borrower, the Oyster Borrower, each Person providing the Oyster Term Facility and the Administrative Agent (and without the consent of any other Lenders).

  • At any time, on one occasion, the Oyster Borrower may, by notice to the Administrative Agent, incur a new tranche of term loans under this Agreement and the other Credit Documents (the “Oyster Term Facility” and the term loans made thereunder, the “Oyster Term Loans”).

  • Notwithstanding anything herein to the contrary, the Oyster Borrower shall not be obligated to xxxx any document or notice required to be delivered pursuant to this clause (iv) as being suitable for posting to the portion of the Platform designated for Public Lenders.

  • The Oyster Borrower will deliver promptly to the Administrative Agent such other information and data with respect to the Oyster Borrower or any Subsidiary as from time to time may be reasonably requested by the Administrative Agent or any Term A-1 Loan Lender (through the Administrative Agent).

  • The Oyster Borrower hereby authorizes the Administrative Agent to make the Oyster Credit Documents available to Public Lenders.

  • Each Lender that sells a participation agrees, at the Borrower’s (or, to the extent such participation pertains to a Term A-1 Loan prior to the Oyster Debt Assumption, the Oyster Borrower’s) request and expense, to use reasonable efforts to cooperate with the Borrower or, as applicable, the Oyster Borrower to effectuate the provisions of Sections 2.21 and 2.23 with respect to any participant.

  • Except to the extent the same could not reasonably be expected to have an Oyster Material Adverse Effect, no material claim has been asserted or is pending by any Person challenging or questioning the use of any Oyster Intellectual Property or the validity or effectiveness of any Oyster Intellectual Property owned by any of the Oyster Borrower or its Subsidiaries, nor does the Oyster Borrower or any Subsidiary thereof know of any valid basis for any such claim.

  • None of the Oyster Borrower nor any Subsidiary thereof is engaged in any unfair labor practice that could reasonably be expected to have an Oyster Material Adverse Effect.

Related to Oyster Borrower

  • Borrower as defined in the preamble hereto.

  • Original Borrower means, as the context requires, any of them;

  • Funding Borrower shall have the meaning set forth in Section 20.12 hereof.

  • The Borrower the Subsidiary Guarantors named therein, the lenders named therein (including certain of the Lenders hereunder) and The Chase Manhattan Bank, as Administrative Agent, are parties to a Credit Agreement dated as of July 15, 1997 (as heretofore modified and supplemented and in effect on the date hereof immediately before giving effect to the amendment and restatement contemplated hereby, the "Existing Credit Agreement"). The Borrower and its subsidiaries are engaged as an integrated group in the business of pork production, hog farming, pork processing and manufacturing spices and chemicals, and in related businesses, and in furnishing the required supplies, services, equipment, credit and other facilities for such integrated operation. The integrated operation requires financing on such a basis that credit supplied to the Borrower be made available from time to time to the Subsidiary Guarantors, as required for the continued successful operation of the Obligors, separately, and the integrated operation as a whole. In that connection, the Obligors have requested that the Lenders (as defined in the Existing Credit Agreement) and the Administrative Agent amend and restate the Existing Credit Agreement to provide, inter alia, for extensions of credit, by means of Dollar and Foreign Currency denominated loans and letters of credit, in an aggregate amount at any one time outstanding up to but not exceeding $400,000,000 or its equivalent as herein provided (which amount may, in the circumstances hereinafter provided, be increased to $450,000,000 or its equivalent) to the Borrower (to be made available by the Borrower directly or indirectly to the Subsidiary Guarantors and other of its Subsidiaries in the circumstances specified herein) to finance the working capital needs and for other general corporate purposes of the Borrower and its subsidiaries in the ordinary course of business. The Required Lenders are willing to so agree, and accordingly, the parties hereto agree that the Existing Credit Agreement shall be amended and restated as of the date hereof (but subject to Section 5.01) in its entirety as follows:

  • U.S. Borrower means any Borrower that is a U.S. Person.

  • DIP Lender means a lender under the DIP Facility.

  • Canadian Credit Party means the Canadian Borrower and each Canadian Subsidiary Guarantor.

  • Qualified borrower means any borrower that is a sponsoring entity that has a controlling interest in the real property that is financed by a qualified loan. A controlling interest includes, but is not limited to, a controlling interest in the general partner of a limited partnership that owns the real property.

  • Canadian Borrower as defined in the preamble hereto.

  • Designated Borrower has the meaning specified in the introductory paragraph hereto.

  • UK Borrower means any Borrower (i) that is organized or formed under the laws of the United Kingdom or (ii) payments from which under this Agreement or any other Loan Document are subject to withholding Taxes imposed by the laws of the United Kingdom.

  • Borrower Group means the Borrower and each of its Subsidiaries.

  • U.S. Credit Party means the U.S. Borrower and each U.S. Subsidiary Guarantor.

  • Lender Parent means, with respect to any Lender, any Person as to which such Lender is, directly or indirectly, a subsidiary.

  • Borrowers each has the meaning specified in the introductory paragraph hereto.

  • Domestic Borrower means the Company and each Designated Borrower that is a Domestic Subsidiary.

  • U.S. Loan Party means any Loan Party that is organized under the laws of one of the states of the United States of America and that is not a CFC.

  • Domestic Credit Party means any Credit Party that is organized under the laws of any State of the United States or the District of Columbia.