Take-Out Debt definition
Examples of Take-Out Debt in a sentence
Use its commercially reasonable best efforts to cause to be declared effective a registration statement with respect to the Take-Out Debt or to effect a private placement thereof pursuant to Rule 144A or Regulation S of the Securities Act as soon as reasonably practicable after the Closing Date, provided, that if any Warrants have been released from escrow, the Borrower's obligations under this sentence may be satisfied only by causing to be declared effective a registration statement.
If requested in writing by the Company (i) to accommodate delays in the closing of the Permitted Acquisitions or (ii) to provide additional time for the preparation of pro forma financial statements and/or the preparation of financial information to be included in an offering memorandum for the issuance of the Take-Out Debt, the availability of the Initial Loans shall be extended to the Extended Expiration Date.
The Lenders shall be satisfied that there is no competing offering, placement or arrangement of any debt securities (other than the Take-Out Debt) or bank financing (other than the Senior Bank Agreement) by or on behalf of the Company, Multikabel or any of their respective Affiliates.
The Company will use the net proceeds received by it from the sale of the Take-Out Debt to repay the Loans and the Exchange Notes pursuant to Section 2.5(d).
Subject to the other provisions of this Agreement, the Investment Bank, in its reasonable discretion after consultation with the Company, shall determine whether, and in which amounts, the Take-Out Debt shall be issued by the Company and/or Holdings and the amount of each series of Take-Out Debt to be issued if the Take-Out Debt is to be issued in a series of offerings and/or placements and the types or combinations of Take-Out Debt to be issued.