Common use of Exit Financing Clause in Contracts

Exit Financing. All conditions precedent to the closing of the Exit Financing shall have been satisfied or waived and the Exit Financing shall have been consummated in accordance with the material terms contained in the Credit Agreements and the Senior Secured Notes Indenture; provided that failure of this condition precedent shall not affect the obligations of the Purchaser under, or the terms of, Section 3.5(b)(ii) or Section 11.2(c).

Appears in 3 contracts

Samples: Investment and Purchase Agreement, Investment and Purchase Agreement (Covanta Energy Corp), Investment and Purchase Agreement (Danielson Holding Corp)

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Exit Financing. All conditions precedent to the closing of the Exit Financing (other than any failure of a condition precedent due to the breach, action or inaction of Company) shall have been satisfied or waived and the Exit Financing shall have been consummated in accordance with the material terms contained in the Credit Agreements and the Senior Secured Notes Indenture; provided that the failure of this condition precedent shall to consummate is not affect the obligations result of the Purchaser underbreach, action or the terms of, Section 3.5(b)(ii) or Section 11.2(c)inaction of Company.

Appears in 3 contracts

Samples: Investment and Purchase Agreement, Investment and Purchase Agreement (Danielson Holding Corp), Investment and Purchase Agreement (Covanta Energy Corp)

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Exit Financing. All conditions precedent to the closing of and initial borrowing under the Exit Financing (other than the occurrence of the Effective Date) shall have been satisfied or waived and the Exit Financing shall have been consummated in accordance with the material terms contained in the Credit Agreements Financing Commitment Letter and the Senior Secured Notes Indenture; provided that failure of this condition precedent Exit Financing shall not affect otherwise be reasonably satisfactory in form and substance to the obligations of the Purchaser under, or the terms of, Section 3.5(b)(ii) or Section 11.2(c)Buyer in all material respects.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Wellspring Capital Management LLC), Stock Purchase Agreement (Ontario Teachers Pension Plan Board)

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