Existing Loan Agreements. Except as represented by the Notes or the related Loan Agreements, or under the arrangements set forth in Schedule 3.05 or as set forth in Schedule 3.06, there is, and at the Closing Date there will be, no material indebtedness of the Company or its Subsidiaries in excess of an aggregate of two hundred fifty thousand dollars ($250,000) owing to any Seller or its Affiliates (other than the Company and its controlled Affiliates). Schedule 3.06 sets forth, as of the close of business on September 28, 2001, the outstanding principal amounts of each Loan made by such Seller, and a description of the scheduled payments of principal and interest (and other amounts) in respect of each Loan through December 31, 2001. Sellers have provided to TPG true and correct copies of each Loan Agreement that has not been filed by the Company with the Securities and Exchange Commission. As of the close of business on September 28, 2001, there was an aggregate maximum amount of approximately $7,800,000 of borrowings available to the Company and its Subsidiaries pursuant to the Available E.ON Credit Facilities. Except as set forth in this Section 3.06, Sellers make no further representations or warranties with respect to the Loan Agreements.
Existing Loan Agreements. 17 4.12 Loans to Drive Entities...........................................................................18 4.13
Existing Loan Agreements. (a) The lenders under the Senior BOS Loan Agreement, including BOA (to the extent required), shall have consented to the Acquisition and related transactions.
Existing Loan Agreements. The Administrative Agent and the Lenders shall have received satisfactory evidence that all amounts owing under the Existing Loan Agreements (including, without limitation, interest, fees and expenses) and amounts owing under the PK Loan Agreement relating to the Collateral have been repaid in full or discharged and that all Liens under the Existing Loan Agreements and certain Liens under the PK Loan Agreement relating to the Collateral have been released.
Existing Loan Agreements. The Administrative Agent shall have received reasonably satisfactory evidence that (i) the Holdings Loan Agreement shall be simultaneously terminated and all loans and other amounts due and payable thereunder shall have been paid in full and all letters of credit issued and outstanding thereunder shall have been terminated, replaced or continued under this Agreement, as applicable and (ii) the (A) Revolving Credit Agreement, dated as of July 16, 2003, among ITC, various financial institutions and other Persons from time to time parties thereto as lenders and Canadian Imperial Bank of Commerce, as administrative agent and (B) the $35,000,000 Credit Agreement, dated as of December 10, 2003, among METC, the several lenders from time to time parties thereto, Comerica Bank, as syndication agent and JPMCB, as administrative agent, shall be simultaneously terminated and all loans and other amounts due and payable under each agreement shall have been paid in full and all letters of credit issued and outstanding thereunder shall have been terminated, replaced or continued under the ITC/METC Credit Agreement, as applicable.
Existing Loan Agreements. On the Closing Date, Parent Guarantor and ------------------------ its Subsidiaries shall have (i) repaid in full all of the Indebtedness and other obligations then outstanding under the Existing Loan Agreements, (ii) terminated any commitments to lend or make other extensions of credit thereunder, and (iii) delivered to Syndication Agent and Administrative Agent all documents or instruments necessary to release all Liens securing the Indebtedness under the Existing Loan Agreements or other obligations of Parent Guarantor and its Subsidiaries thereunder being repaid on the Closing Date.
