Common use of Issuance of Debt Clause in Contracts

Issuance of Debt. On the date of receipt by Holdings or any of its Subsidiaries after the Closing Date of any Cash proceeds from incurrence of any Indebtedness of Holdings or any of its Subsidiaries other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1, excluding Section 6.1(c)(ii), Company shall prepay Loans and/or reduce Commitments as set forth in Section 2.16(b) in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (BPC Holding Corp), Credit and Guaranty Agreement (Berry Plastics Corp), Credit and Guaranty Agreement (Berry Plastics Corp)

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Issuance of Debt. On the date of receipt by Holdings or any of its Subsidiaries after the Closing Date of any Cash proceeds from the incurrence of any Indebtedness of Holdings or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1, excluding Section 6.1(c)(ii), Company the Companies shall prepay the Loans and/or reduce the Revolving Commitments shall be permanently reduced as set forth in Section 2.16(b2.14(b) in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, in each case, paid to non-Affiliates, including reasonable legal fees and expenses.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Primo Water Corp), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)

Issuance of Debt. On No later than the date of second Business Day following the receipt by Holdings or any of its Subsidiaries after the Closing Date of any Cash proceeds from the incurrence of any Indebtedness of Holdings or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1, excluding Section 6.1(c)(ii), Company shall prepay the Loans and/or reduce the Revolving Commitments shall be permanently reduced as set forth in Section 2.16(b2.15(b) in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Services International LLC), Credit and Guaranty Agreement (DynCorp International Inc)

Issuance of Debt. On the date of receipt by Holdings the Borrower or any of its Subsidiaries after the Closing Date of any net Cash proceeds from the incurrence of any Indebtedness of Holdings the Borrower or any of its Subsidiaries (including any Take Out Securities but other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1, excluding Section 6.1(c)(ii), Company the Borrower shall prepay the Loans and/or reduce Commitments as set forth in Section 2.16(b2.14(a) in an aggregate amount equal to 100% of such net Cash proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc)

Issuance of Debt. On the date of receipt by Holdings or any of its Subsidiaries after the Closing Date of any Cash proceeds from the incurrence of any Indebtedness of Holdings the Company or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1, excluding Section 6.1(c)(ii), the Company shall prepay the Loans and/or reduce the Revolving Commitments shall be permanently reduced as set forth in Section 2.16(b2.15(b) in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Day International Group Inc)

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Issuance of Debt. On the date of receipt by Holdings or any of its Subsidiaries after the Original Closing Date of any Cash proceeds from incurrence of any Indebtedness of Holdings or any of its Subsidiaries other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1, excluding Section 6.1(c)(ii), Company shall prepay Loans and/or reduce Commitments as set forth in Section 2.16(b2.17(b) in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (BPC Holding Corp)

Issuance of Debt. On the date of receipt by Holdings or any of its Subsidiaries after the Closing Date of any Cash proceeds from the incurrence of any Indebtedness of Holdings or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1, excluding Section 6.1(c)(ii), Company the Borrower shall prepay the Loans and/or reduce the Revolving Commitments shall be permanently reduced as set forth in Section 2.16(b2.15(b) in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Gentek Inc)

Issuance of Debt. On the date of actual receipt by Holdings or any of its Subsidiaries after the Closing Date of any Cash proceeds from the incurrence of any Indebtedness of Holdings or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1, excluding Section 6.1(c)(ii), Company Borrower shall prepay the Term Loans and/or reduce the applicable Commitments shall be permanently reduced as set forth in Section 2.16(b2.15(b) in an aggregate principal amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, in each case, paid to non-Affiliates, including reasonable legal fees and expenses.

Appears in 1 contract

Samples: Lease Agreement (GPB Holdings II, LP)

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