Other Financing Agreements. Borrower hereby delivers an irrevocable instruction to the buyer or lender under any Financing Document that upon receipt of notice of an Event of Default under this Agreement, the buyer or lender thereunder is authorized and instructed to (i) remit to Lender hereunder directly any amounts otherwise payable to Borrower and (ii) deliver to Lender all collateral otherwise deliverable to Borrower, to the extent all obligations then due and owing under such Other Financing Agreement have been paid in full. In furtherance of the foregoing, upon repayment of the outstanding repurchase price or loan amount under any Other Financing Agreement and termination of all obligations of the Borrower thereunder or other termination of the related Financing Documents following repayment of all obligations thereunder, the related buyer or lender under any Financing Document is hereby instructed to deliver to Buyer hereunder any collateral (as such term may be defined under the related Financing Documents) then in its possession or control.
Other Financing Agreements. As of the date hereof, neither Initial Guarantor, Replacement Guarantor nor any of its Subsidiaries have entered into any Other Financing Agreement containing an MFN Covenant.
Other Financing Agreements. Lender shall have received copies of -------------------------- any commitment or agreement between any TFC Party and any lender or other financial institution, other than any such commitment or agreement (or portion thereof) which Lender specifically agrees are not required to be delivered hereunder.
Other Financing Agreements. 13 Section 4.8 Non-public Information.......................................... 14 Section 4.9 No Stop Orders.................................................. 14 Section 4.10 Amendments to the Registration Statement........................ 14 Section 4.11 Prospectus Delivery............................................. 14 ARTICLE V Conditions to Closing and Draw Downs............................ 15 Section 5.1 Conditions Precedent to the Obligation of the Company to Sell the Shares.................................. 15 Section 5.2 Conditions Precedent to the Obligation of the Purchaser to Close 16 Section 5.3 Conditions Precedent to the Obligation of the Purchaser to Accept a Draw Down and Purchase the Shares................... 17 ARTICLE VI Draw Down Terms; Call Option.................................... 17 Section 6.1 Drawn Down Terms................................................ 17
Other Financing Agreements. The Company is restricted from entering into any agreement with a third party, the principal purpose of which is to secure debt or equity financing for the Company ("Other Financing") without the prior consent of the Purchaser, which consent will not be unreasonably withheld or delayed, or without terminating its agreement with the Purchaser, except that the Company may (i) enter into any loan, credit or lease facility with a bank or financing institution, (ii) establish an employee stock option plan or agreement or finance the acquisition of other companies, equipment, technologies or lines of business and/or (iii) issue shares of Common Stock in connection with the Company's current option plans and agreements or stock purchase plans and agreements and, currently outstanding warrants, and (iv) issue its debt or equity securities to one or more companies the principal business of which is not the investment in the securities of other entities, or to Softbank, Xxxx Xxxxx, Idealab or any entity affiliated with any such person, or to any person or entity specifically identified by the board of directors of the Company as a strategic partner of the Company, or in connection with the acquisition of other companies, equipment, technologies or lines of business (each a "Permitted Transaction"). If the Purchaser consents to the Company entering into an Other Financing, the Purchaser shall have the option, which option shall be exercised within ten (10) calendar days of its consent, to purchase all or a portion of the Other Financing on the same, absolute terms and conditions contemplated therein. If the Purchaser does not exercise its purchase option, the Company shall have the right to close the Other Financing on the scheduled closing date with a third party; provided that all of the terms and conditions of such closing are substantially the same as those provided to the Purchaser.
Other Financing Agreements. The other Financing Agreements and all instruments and documents related hereto or thereto shall have been duly executed and delivered to Agent, in form and substance satisfactory to Agent.
Other Financing Agreements. There shall occur an Event of Default (as defined therein) under (i) the Acme Boot Financing Agreement, (ii) the Fruit of the Loom Financing Agreement or (iii) the Acme Retail Financing Agreement.
Other Financing Agreements. Lender may, at any time or times, proceed directly against Borrower or any Obligor to collect the Obligations without prior recourse to the Collateral.
Other Financing Agreements. 5 Section 4.12.
Other Financing Agreements. (a) Each Obligor shall have executed and delivered each Financing Agreement to which it is to be a party, which Financing Agreements shall be satisfactory in form and substance to you and the Other Purchasers and shall provide such security and/or Subsidiary Guarantees which cause the Notes and the other Financing Agreements to be pari passu with the Obligors' obligations under the Bank Indebtedness after giving effect to the Intercreditor Agreement.
