Prior Financing definition

Prior Financing means that certain mortgage loan made by ▇▇▇▇▇▇ Brothers Holdings Inc., d/b/a ▇▇▇▇▇▇ Capital, a division of ▇▇▇▇▇▇ Brothers Holdings Inc. to Borrower and certain affiliates of Borrower and being defeased in full on the Closing Date.
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Examples of Prior Financing in a sentence

  • Pursuant to this Agreement, the parties agree to a complete restructuring of the obligations under the Prior Financing Documents thereunder, all to be effectuated through the issuance of amended and restated instruments, new instruments, and common stock.

  • Any prior agreements related to a Prior Financing Balance are hereby superseded and replaced by this Agreement.

  • If you have a Prior Financing Balance, we will first apply the Loan Amount to repay any Prior Financing Balance outstanding as of the Disbursement Date.

  • Other than each of the Purchasers, or Purchasers in a Prior Financing, no Person has any right to cause the Company to effect the registration under the Securities Act of any securities of the Company.

  • BofA represents to the Lenders that all participations in such Letters of Credit under the Prior Financing Agreements will be terminated on the Closing Date.

  • Each of the Prior Financing Documents shall have been duly terminated without any recourse against any Warrantor effective as of the Closing, in a form reasonably satisfactory to the Purchaser.

  • Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Prior Financing Agreement or any of the instruments securing the same, which shall remain in full force and effect, except as expressly modified hereby or by instruments or documents executed concurrently herewith.

  • This Agreement constitutes an amendment and restatement of and supersedes the Prior Financing Agreement and does not extinguish the obligations for the payment of money outstanding under the Prior Financing Agreement or discharge or release the Obligations under, and as defined in, the Prior Financing Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor except as provided herein.

  • The Borrower has requested that (i) the Lenders make additional loans in an aggregate principal amount of $176,000,000, which additional loans will result in the outstanding aggregate principal amount of all loans hereunder to be $275,000,000 on the date hereof, and (ii) the Lenders and the Agent Parties make certain additional modifications to the Prior Financing Agreement and certain other Loan Documents.

  • The Company shall make all filings with the Commission and any other regulatory or trading facility as may be required as a result of the issuance of the amended and restated convertible debentures as contemplated in this Section, including preparing and filing with the Commission and delivering to JNC and DSF, not later than August 3, 1997, a supplement to the Registration Statement filed in connection with the Prior Financing (Registration Statement No. 333-26673).