Common use of Effect of Refinancing Clause in Contracts

Effect of Refinancing. (i) If substantially contemporaneously with the Discharge of Revolving Loan Obligations, the Borrowers refinance indebtedness outstanding under the Revolving Loan Documents in accordance with the provisions of Section 12.3(a), then after written notice to the First Lien Term Loan Agent and the Incremental Term Loan Agent, (A) the indebtedness and other obligations arising pursuant to such refinancing of the then outstanding indebtedness under the Revolving Loan Documents shall automatically be treated as Revolving Loan Obligations for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, (B) the credit agreement and the other loan documents evidencing such new indebtedness shall automatically be treated as the Revolving Loan Agreement and the Revolving Loan Documents for all purposes of this Agreement and (C) the agent under the new Revolving Loan Agreement shall be deemed to be the Revolving Loan Agent for all purposes of this Agreement. Upon receipt of notice of such refinancing (including the identity of the new the Revolving Loan Agent), each of the First Lien Term Loan Agent and the Incremental Term Loan Agent shall promptly enter into such reasonable documents and agreements (including amendments or supplements to this Agreement) as the Borrowers or the new the Revolving Loan Agent may request in writing in order to provide to the new the Revolving Loan Agent the rights of the Revolving Loan Agent contemplated hereby.

Appears in 2 contracts

Samples: Intercreditor Agreement (Seventy Seven Energy Inc.), Intercreditor Agreement

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Effect of Refinancing. (i) If substantially contemporaneously with the Discharge of Revolving Loan ObligationsDebt, the Borrowers refinance Revolving Loan Borrower refinances indebtedness outstanding under the Revolving Loan Documents in accordance with the provisions of Section 12.3(a)9.3(a) hereof, then after written notice to the First Lien Term Loan Agent and the Incremental Term Merger Loan Agent, (A) the indebtedness and other obligations arising pursuant to such refinancing of the then outstanding indebtedness under the Revolving Loan Documents shall automatically be treated as Revolving Loan Obligations Debt for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, (B) the credit agreement and the other loan documents evidencing such new indebtedness shall automatically be treated as the Revolving Loan Agreement and the Revolving Loan Documents for all purposes of this Agreement and (C) the agent under the new Revolving Loan Agreement shall be deemed to be the Revolving Loan Agent Lender for all purposes of this Agreement. Upon receipt of notice of such refinancing (including the identity of the new the Revolving Loan AgentLender), each of the First Lien Term Loan Agent and the Incremental Term Merger Loan Agent shall promptly enter into such reasonable documents and agreements (including amendments or supplements to this Agreement) as the Borrowers Revolving Loan Borrower or the new the Revolving Loan Agent Lender may reasonably request in writing in order to provide to the new the Revolving Loan Agent Lender the rights of the Revolving Loan Agent Lender contemplated hereby.

Appears in 1 contract

Samples: Intercreditor Agreement (Interpace Diagnostics Group, Inc.)

Effect of Refinancing. (i) If substantially contemporaneously with the Discharge of Revolving Loan ObligationsPriority Debt, the Revolving Loan Borrowers refinance indebtedness outstanding under the Revolving Loan Documents in accordance with the provisions of Section 12.3(a11.3(a), then after written notice to the First Lien Term Loan Agent and the Incremental Term Loan Agent, (Ai) the indebtedness and other obligations arising pursuant to such refinancing of the then outstanding indebtedness under the Revolving Loan Documents shall automatically be treated as Revolving Loan Obligations Debt for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, (Bii) the credit agreement and the other loan documents evidencing such new indebtedness shall automatically be treated as the Revolving Loan Agreement and the Revolving Loan Documents for all purposes of this Agreement and (Ciii) the agent under the new Revolving Loan Agreement shall be deemed to be the Revolving Loan Agent for all purposes of this Agreement. Upon receipt of notice of such refinancing (including the identity of the new the Revolving Loan Agent), each of the First Lien Term Loan Agent and the Incremental Term Loan Agent shall promptly enter into such reasonable documents and agreements (including amendments or supplements to this Agreement) as the Revolving Loan Borrowers or the new the Revolving Loan Agent may reasonably request in writing in order to provide to the new the Revolving Loan Agent the rights of the Revolving Loan Agent contemplated hereby.

Appears in 1 contract

Samples: Intercreditor Agreement (Hydrofarm Holdings Group, Inc.)

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Effect of Refinancing. (i) If substantially contemporaneously with the Discharge of Revolving Loan ObligationsDebt, the Borrowers refinance B&L Supply refinances indebtedness outstanding under the Revolving Loan Documents in accordance with the provisions of Section 12.3(a10.3(a), then after written notice to the First Lien Term Loan Agent and the Incremental Term Loan Notes Agent, (A) the indebtedness and other obligations arising pursuant to such refinancing of the then outstanding indebtedness under the Revolving Loan Documents shall automatically be treated as Revolving Loan Obligations Debt for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, (B) the credit agreement and the other loan documents evidencing such new indebtedness shall automatically be treated as the Revolving Loan Agreement and the Revolving Loan Documents for all purposes of this Agreement and (C) the agent under the new Revolving Loan Agreement shall be deemed to be the Revolving Loan Agent for all purposes of this Agreement. Upon receipt of notice of such refinancing (including the identity of the new the Revolving Loan Agent), each of the First Lien Term Loan Agent and the Incremental Term Loan Notes Agent shall promptly enter into such reasonable documents and agreements (including amendments or supplements to this Agreement) as the Borrowers B&L Supply or the new the Revolving Loan Agent may reasonably request in writing in order to provide to the new the Revolving Loan Agent the rights of the Revolving Loan Agent contemplated hereby.

Appears in 1 contract

Samples: Intercreditor Agreement (Edgen Group Inc.)

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