Second Lien Commodities Purchase Agreement definition

Second Lien Commodities Purchase Agreement means the Second Lien Murabaha Agreement, dated of the Effective Date, by and between Tensar and TCO Funding Corp., as the same may be amended, supplemented or otherwise modified in accordance with the terms hereof. Schedule 1, Defined Terms
Sample 1Sample 2
Second Lien Commodities Purchase Agreement has the meaning set forth in the Recitals.
Sample 1

Examples of Second Lien Commodities Purchase Agreement in a sentence

  • Tensar shall ensure that, within 90 days following the Effective Date, and for at least three years following the Effective Date, no less than 50% of Tensar’s Financing Obligations set forth in the Lease, the Commodities Purchase Agreement and the Second Lien Commodities Purchase Agreement effectively bears a fixed rental or profit rate.

  • Except as set forth on Annex 31 to this Schedule 2, no broker or finder brought about the transactions contemplated by this Agreement, the Commodities Purchase Agreement or the Second Lien Commodities Purchase Agreement or the Acquisition Transactions, and none of Tensar Holdings, any other Tensar Party or Affiliate thereof has any obligation to any person in respect of any finder’s or brokerage fees in connection therewith.

  • The execution, delivery and performance by Tensar of this Amendment and the Second Lien Commodities Purchase Agreement (as amended hereby) and the consummation by Tensar of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or other organizational action of Tensar.

  • Tensar Holdings shall ensure that, within 90 days following the Effective Date, and for at least three years following October 31, 2005 no less than 50% of Tensar’s Financing Obligations set forth in the Lease, the Commodities Purchase Agreement, this Agreement and the Second Lien Commodities Purchase Agreement effectively bears a fixed rental or profit rate.

  • Tensar has the corporate or other organizational power and authority to execute and deliver this Amendment and to perform its obligations hereunder and under the Second Lien Commodities Purchase Agreement (as amended hereby).

  • Except as set forth on Annex 31 to this Schedule 2, no broker or finder brought about the transactions contemplated by this Agreement, the Lease Agreement, the Commodities Purchase Agreement or the Second Lien Commodities Purchase Agreement or the Acquisition Transactions, and none of Tensar Holdings, any other Tensar Party or Affiliate thereof has any obligation to any person in respect of any finder’s or brokerage fees in connection therewith.

  • No material consent or authorization of, filing with, notice to, or other act by or in respect of, any Governmental Authority or any other person is required in connection with the execution, delivery, performance, validity or enforceability of this Amendment or the Second Lien Commodities Purchase Agreement (as amended hereby), except such as have been made or obtained and are in full force and effect.

  • Tensar Holdings shall ensure that, within 90 days following the Effective Date, and for at least three years following the Effective Date, no less than 50% of Tensar’s Financing Obligations set forth in the Lease, the Commodities Purchase Agreement and the Second Lien Commodities Purchase Agreement effectively bears a fixed rental or profit rate.

  • Neither the execution or delivery of this Amendment by Tensar or the performance by Tensar of its obligations under this Amendment or the Second Lien Commodities Purchase Agreement (as amended hereby), will adversely affect the validity, perfection or priority of TCO’s Lien (for the ratable benefit of Secured Parties) on any of the Collateral or its ability to realize thereon.

  • Except as set forth on Annex 31 to this Schedule 2, no broker or finder brought about the transactions contemplated by this Agreement, the Lease Agreement or the Second Lien Commodities Purchase Agreement or the Acquisition Transactions, and none of Tensar Holdings, any other Tensar Party or Affiliate thereof has any obligation to any person in respect of any finder’s or brokerage fees in connection therewith.

Related to Second Lien Commodities Purchase Agreement

  • Securities Purchase Agreement shall have the meaning set forth in the recitals hereto.

  • Receivables Purchase Agreement means the receivables purchase agreement, dated as of the Closing Date, between AHFC and the Seller, as amended or supplemented from time to time.

  • hire-purchase agreement means an agreement, other than a conditional sale agreement, under which—

  • Note Purchase Agreements means (i) that certain Note Purchase Agreement, dated as of April 16, 2014 among the Parent, the Borrower, and the purchasers party thereto, (ii) that certain Note Purchase Agreement, dated as of December 18, 2014 among the Parent, the Borrower, and the purchasers party thereto, and (iii) that certain Note Purchase Agreement, dated as of June 13, 2018, among the Parent, the Borrower, and the purchasers party thereto, in each case as amended from time to time.

  • Asset Purchase Agreement has the meaning set forth in the Recitals.

  • Note Purchase Agreement means the Note Purchase Agreement, dated as of the Issuance Date, among the Company, the Subordination Agent, the Escrow Agent, the Paying Agent, and the Pass Through Trustee under each Pass Through Trust Agreement providing for, among other things, the issuance and sale of certain equipment notes, as the same may be amended, supplemented or otherwise modified from time to time in accordance with its terms.

  • Unit Purchase Agreement means the Common Unit and Class B Unit Purchase Agreement, dated as of December 1, 2006, among the Partnership and the purchasers named therein.

  • Share Purchase Agreement has the meaning set forth in the Recitals.

  • Loan Purchase Agreement The Loan Purchase Agreement described in the Recitals to this Agreement, which Loan Purchase Agreement incorporates the terms of the Aurora Loan Services Seller Guide, as the same may be amended from time to time.

  • Purchase Agreements has the meaning set forth in the Recitals.

  • Synthetic Purchase Agreement means any swap, derivative or other agreement or combination of agreements pursuant to which Holdings, the Borrower or any Subsidiary is or may become obligated to make (a) any payment in connection with a purchase by any third party from a person other than Holdings, the Borrower or any Subsidiary of any Equity Interest or Restricted Indebtedness or (b) any payment (other than on account of a permitted purchase by it of any Equity Interest or Restricted Indebtedness) the amount of which is determined by reference to the price or value at any time of any Equity Interest or Restricted Indebtedness; provided that no phantom stock or similar plan providing for payments only to current or former directors, officers or employees of Holdings, the Borrower or the Subsidiaries (or to their heirs or estates) shall be deemed to be a Synthetic Purchase Agreement.

  • Purchase Agreement shall have the meaning set forth in the preamble.

  • Stock Purchase Agreement means the agreement between the Company and a Purchaser who acquires Shares under the Plan that contains the terms, conditions and restrictions pertaining to the acquisition of such Shares.

  • Purchase Agreement Collateral has the meaning specified in Section 6.9 of this Agreement.

  • Additional Purchase Agreement means each Additional Purchase Agreement (including the related Additional Xxxx of Sale, the related Blanket Endorsement and any attachments thereto), substantially in the form of Attachment C hereto (of which these Master Terms form a part by reference, provided that in the event of a substitution, the form will be modified accordingly), to be executed by SLM ECFC, Funding and the Interim Eligible Lender Trustee for the benefit of Funding, which certifies that the representations and warranties made by SLM ECFC as set forth in Sections 5(A) and (B) of these Master Terms are true and correct as of the related Purchase Date.

  • Second Lien Documents means, collectively, the indenture, credit agreement or other agreement or instrument evidencing or governing or securing each Series of Second Lien Debt and the Second Lien Security Documents.

  • Stock Purchase Agreements the meaning set forth in the recitals to this Agreement.

  • Initial Purchase Agreement means the Purchase Agreement (including the related Blanket Endorsement, Initial Xxxx of Sale and any attachments thereto) substantially in the form of Attachment A hereto (of which these Master Terms form a part by reference), to be executed by VL Funding, the VL Funding Eligible Lender Trustee on behalf of VL Funding, Funding and the Interim Eligible Lender Trustee on behalf of Funding, which shall certify that the representations and warranties made by VL Funding as set forth in Sections 5(A) and (B) and by the Servicer as set forth in Section 5(C) of these Master Terms are true and correct as of the Closing Date.

  • Series B Purchase Agreement means that certain Series B Preferred Stock Purchase Agreement, dated as of November 10, 2015, as amended and supplemented to date, by and among the Company and the investors signatory thereto.

  • Original Purchase Agreement has the meaning set forth in the recitals to this Agreement.

  • Master Purchase Agreement has the meaning set forth in the recitals.

  • Sale and Purchase Agreement means the sale and purchase agreement entered into or to be entered into on the date of this Agreement between the Investor and the Company in the agreed form;

  • Aircraft Purchase Agreement Has the meaning specified in the NPA.

  • Receivables Purchase Documents means those documents entered into in connection with any series of receivables purchase or sale agreements generally consistent with terms contained in comparable structured finance transactions pursuant to which the Borrower or any of its Subsidiaries, in their respective capacities as sellers or transferors of any receivables, sell or transfer to SPCs all of their respective rights, title and interest in and to certain receivables for further sale or transfer to other purchasers of or investors in such assets (and the other documents, instruments and agreements executed in connection therewith), as any such agreements may be amended, restated, supplemented or otherwise modified from time to time, or any replacement or substitution therefor.

  • Co-financing Agreement means the agreement to be entered into between the Recipient and the Co-financier providing for the Co-financing.

  • Securities Purchase has the meaning set forth in the recitals in this Agreement. “Seller” has the meaning set forth in the introductory paragraph to this Agreement.