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
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Second Lien Commodities Purchase Agreement has the meaning set forth in the Recitals.
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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.

  • 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 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.

  • 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.

  • 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.

  • 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.

  • 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).

  • 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.

  • 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.