Alternate Financing. Any Credit Party shall file a motion seeking to obtain additional or replacement financing from a party other than the Lenders under Section 364 of the Bankruptcy Code, except (i) with the express written consent of Lenders or (ii) to the extent any such financing shall provide for the payment in full in cash of the Obligations; or
Alternate Financing. The term “
Alternate Financing. Purchaser may substitute alternative financing and/or an alternative lender for Specified Financing provided: (a) Purchaser is qualified for alternative financing; (b) there is no additional expense to Seller; (c) Settlement Date is not delayed; and (d) if Purchaser fails to settle, except due to any Default by Seller, then the provisions of the DEFAULT paragraph shall apply.
Alternate Financing. In the event that all or any portion of the Third Party Financing becomes unavailable and such portion is reasonably required to consummate the Transactions (after taking into account amounts available under the Equity Financing, any remaining Third Party Financing and other cash available to the Company), Parent and Kaseya Parent shall use their reasonable best efforts to arrange and timely obtain substitute financing (on terms and conditions that are not materially less favorable to Parent, taken as a whole, than the terms and conditions set forth in the Commitment Letters in effect as of the date hereof relating to the Third Party Financing to be replaced from the same or alternative sources in an amount sufficient after taking into account amounts available under the Equity Financing, any remaining Third Party Financing and other cash available to the Company, to fund the Required Amount (the “Alternate Financing”) as promptly as practicable following the occurrence of such event but no later than the Closing Date (and shall promptly after the execution and delivery thereof, provide to the Company a true and complete copy of the fee letter related to the Alternate Financing with redactions consistent with the redactions made to the fee letter delivered on the date hereof). All references to the term “Third Party Financing” shall be deemed to include such Alternate Financing and all references to the “ Commitment Letters relating to the Third Party Financing” shall include any commitment letter or similar document for the Alternate Financing.
Alternate Financing. If Purchaser is unable to obtain such commitment and gives notice thereof to Seller by the time specified in or determined pursuant to section D-3-j, Seller may within 21 days after the effective date of such notice by Purchaser (a) procure for Purchaser a firm commitment from an institutional lender for a first mortgage loan meeting such terms or (b) accept a Purchase Money Mortgage on such terms. If Seller does so within such additional 21-day time period, item VIII and section D-3 will no longer apply; otherwise this Contract will terminate and section 1 7.03 will apply.
Alternate Financing. Provided Buyer timely and diligently pursues the financing described in the Financing paragraph, the Financing Application and Commitment paragraph, and the Buyer Responsibility paragraph, Buyer, at Buyer’s election, may also apply for alternate financing. If Buyer, at Buyer’s sole option, obtains a written commitment for financing in which the loan amount, term of note, amortization period, interest rate, down payment or loan program differ from the financing as described in the Financing paragraph, or any addendum to this Contract, the Financing Application and Commitment paragraph or any addendum to this Contract shall be deemed to have been fully satisfied. Such alternate financing may not increase costs to Seller or exceed the time allowed to secure the financing commitment as provided in the Financing Application and Commitment paragraph, or any addendum to this Contract. SECTION THREE: PROPERTY CONDITION AND INSPECTIONS
Alternate Financing. Xxxxxx acknowledges and agrees that nothing herein prevents Borrower from obtaining alternate financing in lieu of the Loan, and that by executing the acceptance attached hereto Borrower is not obligated to accept the Loan from Lender, but only to accept the terms set forth herein if Borrower elects to accept the Loan. Xxxxxx's commitment to make the Loan hereunder will remain in effect and available to Borrower until such time as any such alternate financing is funded.
Alternate Financing. If any portion of the Financing becomes unavailable, or it becomes reasonably likely that such funds will be unavailable to Purchaser, on the terms and conditions contemplated in the Financing Letter, Purchaser shall, as promptly as practicable following the occurrence of such event, (i) notify Seller and PNM in writing thereof, (ii) use reasonable best efforts to obtain alternative financing (on terms in the aggregate not materially less favorable to Purchaser taken as a whole than the Financing contemplated by the Financing Letter) sufficient to enable Purchaser to consummate the transactions contemplated by this Agreement (the “Alternate Financing”); provided that such Alternate Financing shall not (A) be subject to any material additional conditions to the funding of the Financing than those contained in the Financing Letter or (B) otherwise be reasonably likely to impair or delay the Closing or the date on which the Financing would be obtained, and (iii) use reasonable best efforts to obtain a new financing letter that provides for such Alternate Financing and, promptly after execution thereof, deliver to Seller and PNM true, complete and correct copies of the new letter (including all annexes, exhibits, schedules and other attachments thereto) and related definitive financing documents with respect to such Alternate Financing. Upon obtaining any Alternate Financing, such financing shall be deemed to be a part of the “Financing” and any letter for such Alternate Financing shall be deemed the “Financing Letter” for all purposes of this Agreement.
Alternate Financing. If any portion of the Debt Financing becomes unavailable on the terms and conditions contemplated in the Debt Financing Commitments, Xxxxx Parent will use its reasonable efforts to arrange to obtain alternative financing from alternative sources on terms no less favorable in the aggregate to Xxxxx Parent (as determined in the reasonable judgment of Xxxxx Parent) as promptly as practicable following the occurrence of such event. To the extent Xxxxx Parent obtains alternative financing pursuant to this Section 6.24, references to the “Debt Financing”, the “Financing”, the “Debt Financing Commitment” and the “Financing Commitments” (and other like terms in this Agreement) will be deemed to refer to such alternative financing.
Alternate Financing. If any portion of the Financing becomes unavailable on the terms and conditions (including any market flex provisions) contemplated in the Financing Letters, then Parent will use its reasonable best efforts to arrange, as promptly as practicable following the occurrence of such event, (i) alternative financing from the same or alternative sources, on terms and conditions not materially less favorable in the aggregate to Parent and the Merger Sub than those contained in the Financing Letters (including the flex provisions contained in the related fee letter) in an amount sufficient, together with other financial resources available to Parent, to pay the Required Amount (the “Alternate Financing”); and (ii) one or more new financing commitment letters (or other agreements) with respect to such Alternate Financing (the “New Financing Letters”), which New Financing Letters will replace the existing Financing Letters in whole or in part. Parent will promptly provide a copy of any New Financing Letters (and any fee letter in connection therewith, which may be delivered with the fee amounts redacted in a customary manner so long as no redaction covers terms that would adversely affect the aggregate amount of net proceeds, conditionality, availability or termination of the Alternate Financing) to the Company. In the event that any New Financing Letters or Replacement Financing Letter are obtained, (A) any reference in this Agreement to the “Financing Letters” will be deemed to include the Financing Letters to the extent not superseded by the New Financing Letters or Replacement Financing Letter, as applicable, at the time in question and any New Financing Letters or Replacement Financing Letter, as applicable, to the extent then in effect; and (B) any reference in this Agreement to the “Financing” will mean the debt financing contemplated by the Financing Letters as modified pursuant to the foregoing.
