Replacement ABL Credit Agreement means any credit agreement, loan agreement, note agreement, promissory note, indenture or other agreement or instrument evidencing or governing the terms of Replacement ABL Loans (other than, for the avoidance of doubt, the ABL Credit Agreement and the Loan Documents (as defined therein)).
Replacement ABL Credit Agreement means (i) any replacement credit agreement entered into by the Grantors (or any of them) to Refinance, in whole but not in part, the indebtedness outstanding under the then-extant ABL Credit Agreement or (ii) in the event that no indebtedness is outstanding under the then-extant ABL Credit Agreement, any replacement credit agreement entered into by the Grantors (or any of them), so long as, in the case of each of clauses (i) and (ii), the commitments under the then-extant ABL Credit Agreement shall have also been terminated; provided that (w) the incurrence of such indebtedness and the Liens securing such indebtedness is permitted by (1) the then-extant Term Loan Documents and (2) this Agreement (including, without limitation, Section 6.2), (x) the Borrower shall have designated the Representative of the holders of the indebtedness under such replacement credit agreement as the “ABL Agent” by delivering a writing to such effect to each Term Loan Agent, (y) the provisions of Section 6.2(a) of this Agreement shall have been complied with and (z) the Borrower shall have delivered to each Term Loan Agent an officer’s certificate certifying that the preceding conditions have been satisfied.
Replacement ABL Credit Agreement shall have the meaning set forth in Section 9.3(b).
Examples of Replacement ABL Credit Agreement in a sentence
Notwithstanding anything herein to the contrary, Indebtedness incurred (a) under the Loan Documents and any Incremental Facility shall only be classified as incurred under Section 6.01(a), (b) under the ABL Facility or any Replacement ABL Credit Agreement and (c) as Incremental Equivalent Debt shall only be classified as incurred under Section 6.01(o).
The Lead Borrower shall deliver to the Administrative Agent a copy of the annual budget for any fiscal year as and when delivered (and in the same form as delivered) pursuant to the ABL Credit Agreement or any Replacement ABL Credit Agreement (solely to the extent delivered thereunder).
Based on a comprehensive analysis of legal and factual notions, he concludes that computer data, defined as concrete patterns that can contain information, should be qualified as ‘goods’ factually as well as legally.
No Borrower shall designate, or permit the designation of, any Borrower as an Unrestricted Subsidiary (under and as defined in the ABL Credit Agreement) or as an Unrestricted Subsidiary (or similar term) (under and as defined in any Replacement ABL Credit Agreement).
This Designation is being executed and delivered in order to designate the below described credit agreement, debt facility, indenture and/or commercial paper facility as an [Additional Notes Collateral Debt Agreement] [Replacement ABL Credit Agreement] [Replacement Note Indenture] entitled to the benefit of and subject to the terms of the ABL Intercreditor Agreement.
More Definitions of Replacement ABL Credit Agreement
Replacement ABL Credit Agreement means any loan or credit agreement entered into subsequent to the date hereof which (a) makes available to Borrower a revolving credit facility in an amount equal to $7,500,000 (or such other amount reasonably acceptable to Agent and the Required Lenders), (b) has terms which are not in any material respect less favorable to the Borrower than the terms in effect under the ABL Credit Agreement in effect on the Closing Date, (c) is subject to an intercreditor agreement granting Agent the same priority collateral and substantially the same rights with respect to the Collateral as those set forth in the Intercreditor Agreement, and (d) is otherwise satisfactory to Agent and the Required Lenders in its reasonable discretion exercised in good faith.
Replacement ABL Credit Agreement means any ABL Credit Agreement executed and delivered in connection with any Refinancing of the ABL Obligations and/or Excess ABL Obligations made in accordance with the terms of this Agreement and the Note Documents (or, in the event the Discharge of ABL Obligations has occurred, any credit agreement governing and/or evidencing a replacement ABL revolving credit facility that would have been permitted as a Refinancing of the ABL Obligations and/or Excess ABL Obligations made in accordance with the terms of this Agreement and the Note Documents had such Discharge of ABL Obligations not occurred).
Replacement ABL Credit Agreement means any credit agreement, debt facility, indenture and/or commercial paper facility, in each case, with banks or other institutional or commercial lenders providing for revolving credit loans, term loans, receivables financing (including through the sale of receivables to such lenders or to special purpose entities formed to borrow from (or sell such receivables to) such lenders against such receivables), letters of credit, bankers’ acceptances, or other borrowings, entered into after or contemporaneously with the Discharge of ABL Obligations, that is secured by a Lien on the Collateral and has been designated as an ABL Credit Agreement in accordance with Section 8.18 hereof; provided, however, that (a) the Indebtedness under such Replacement ABL Credit Agreement is permitted to be incurred, secured and guaranteed on such basis by each Fixed Asset Loan Document, (b) each ABL Collateral Agent under such Replacement ABL Credit Agreement shall have become party to this Agreement pursuant to, and by satisfying the conditions set forth in, Section 8.18 hereof and (c) each of the other requirements of Section 8.18 shall have been complied with. The requirements of clause (a) of the immediately preceding sentence shall be tested only as of (x) the date of execution of a joinder agreement in substantially the form of Exhibit C hereto by the applicable ABL Collateral Agent if pursuant to a commitment entered into at the time of such joinder agreement and (y) with respect to any later commitment or amendment to those terms to permit such Indebtedness, as of the date of such commitment and/or amendment.
Replacement ABL Credit Agreement means a credit agreement that refinances the ABL Credit Agreement in whole and that is designated by the Company as the new ABL Credit Agreement pursuant to and in compliance with the ABL Intercreditor Agreement.
Replacement ABL Credit Agreement means (i) any replacement or additional credit agreement entered into by the Grantors (or any of them) to Refinance the indebtedness outstanding under the then-extant ABL Credit Agreement or to incur new indebtedness that is intended to constitute First Priority Obligations or (ii) in the event that the First Priority Obligations Payment Date has occurred (other than as a result of an Enforcement Action), any replacement credit agreement entered into by the Grantors (or any of them), so long as, in the case of each of clauses (i) and (ii), any such agreement is permitted by any then-extant ABL Credit Agreement; provided that (w) the incurrence of such indebtedness and the Liens securing such indebtedness is permitted by (1) the then-extant Second Priority Documents and (2) this Agreement and (x) the Borrower shall have complied with Section 10 with respect thereto.
Replacement ABL Credit Agreement in Section 1.2 of the Existing Loan Agreement is hereby amended and restated to read in its entirety as follows:
Replacement ABL Credit Agreement means any credit agreement that refinances or replaces, in full and not in part, the ABL Credit Agreement (or any previous Replacement ABL Credit Agreement) solely to the extent that such credit agreement includes a fixed charge coverage ratio financial covenant on substantially the same terms as the fixed charge coverage ratio financial covenant that is contained in the ABL Credit Agreement (or any previous Replacement ABL Credit Agreement). “Required Lenders” means, at any time, Xxxxxxx having more than 50.0% of (a) until the Closing Date, the Commitments then in effect and (b) after the Closing Date, the sum of all Loans outstanding. “Requirements of Law” means, collectively, any and all requirements of any Governmental Authority, including any and all Laws. “Resignation Effective Date” is defined in Section 27.6.1. “Restricted Subsidiary” shall have the meaning given to such term in the ABL Credit Agreement. “Security Instrument” is defined in Section 1.2. “Secured Cash Management Agreement” means (a) any Cash Management Obligation that is entered into by and between any Borrower and the Administrative Agent (or one or more of its Affiliates) and (b) any Cash Management Obligation that is entered into by and between any Borrower and any Person that is a Lender (or one or more of its Affiliates) and designated by the Lead Borrower and such Lender (or its Affiliate) in writing to the Administrative Agent as a “Secured Cash Management Agreement.” “Secured Swap Counterparty” means (a) the Administrative Agent (or one or more of its Affiliates) or (b) any Person that is a Lender (or one or more of its Affiliates) and designated by the Lead Borrower and such Lender (or its Affiliate) in writing to the Administrative Agent as a “Secured Swap Counterparty.” “Secured Swap Transaction” means any Swap Transaction that is entered into by and between any Borrower and a Secured Swap Counterparty.