ABL Facility Agreement means (i) the ABL Credit Agreement dated as of April 3, 2018 among the Issuer, Holdings, the lenders party thereto and JPMorgan Chase Bank, N.A., as administrative agent and collateral agent, together with the related documents thereto (including the revolving loans thereunder, any letters of credit and reimbursement obligations related thereto, any guarantee and collateral agreement, patent and trademark security agreement, mortgages or letter of credit applications and other Guarantees, pledges, agreements, security agreements and collateral documents), (ii) any amendments, extensions, renewals, restatements, refundings, replacements, refinancings, supplements, modifications or other changes (in whole or in part, and without limitation as to amount, terms, conditions, covenants and other provisions) from time to time of the foregoing and (iii) any one or more additional agreements (and related documents) governing Indebtedness, including indentures, incurred to refinance, substitute, supplement, replace or add to (including increasing the amount available for borrowing or adding or removing any Person as a borrower, issuer or guarantor thereunder) in whole or in part, the borrowings and commitments then outstanding or permitted to be outstanding under (or otherwise incurred in compliance with) such ABL Facility Agreement (whether documented in the agreement for such ABL Facility Agreement or in a separate written instrument) or one or more successors to the ABL Facility Agreement.
ABL Facility Agreement the Loan and Security Agreement, dated as of the date hereof, among the Borrower, Holdings, the Subsidiaries of the Borrower party thereto, the financial institutions named therein, and Bank of America, N.A., as agent, Banc of America Securities LLC, as sole lead arranger and book manager, Fleet Retail Group, Inc. and The CIT Group/Business Credit, Inc., as co- syndication agents, and General Electric Capital Corporation, as documentation agent, together with all instruments and other agreements entered into by any Group Member in connection therewith, in each case, as in effect on the date hereof and as hereafter amended, supplemented or otherwise modified from time to time in accordance with Section 6.9 or refinanced, renewed or extended in accordance with Section 6.2.
ABL Facility Agreement the Asset-Based Revolving Credit Agreement, dated as of the date hereof, among the Borrower, the local borrowing subsidiaries party thereto, Holdings, the lenders and issuing lenders from time to time party thereto and Citibank, N.A., as administrative agent, collateral agent, issuing lender and swingline lender, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time.
Examples of ABL Facility Agreement in a sentence
No effective financing statement or other public notice with respect to all or any part of the Collateral is on file or of record in any public office, except such as have been filed in favor of the Administrative Agent, for the ratable benefit of the Secured Parties, pursuant to this Agreement or as are permitted by the Loan Agreement (including the Liens granted to secure the obligations under the ABL Facility Agreement).
Except for the security interest granted to the Administrative Agent for the ratable benefit of the Secured Parties pursuant to this Agreement and the other Liens permitted to exist on the Collateral by the Loan Agreement (including the Liens granted to secure the obligations under the ABL Facility Agreement), such Grantor owns each item of the Collateral free and clear of any and all Liens or claims of others.
The documentation to effect the Plan of Reorganization including, without limitation, the ABL Facility Agreement, shall have satisfactory terms and conditions, and no provision of such documentation shall have been waived, amended, supplemented or otherwise modified in any material respect without approval of the Arrangers.
The Borrower has delivered to the Administrative Agent a complete and correct copy of the Plan of Reorganization, the Confirmation Order, the ABL Facility Agreement and the Securitization Note, including any amendments, supplements or modifications with respect to any of the foregoing.
On the Effective Date, the Reorganized Debtors will enter into the Exit ABL Facility Agreement and the Exit Facility Credit Agreement.
More Definitions of ABL Facility Agreement
ABL Facility Agreement means that certain Asset-Based Revolving Credit Agreement entered into as of the Closing Date by and among the Borrower, the subsidiary borrowers party thereto, the lenders party thereto in their capacities as lenders thereunder, and The CIT Group/Business Credit, Inc., as administrative agent and collateral agent thereunder, as amended, supplemented, modified, extended, renewed or refinanced in accordance with the terms hereof and the Intercreditor Agreement.
ABL Facility Agreement shall have the meaning assigned to such term in the Term Loan Credit Agreement.
ABL Facility Agreement means that certain Credit Agreement, among Installed Building Products, Inc. as Borrower, Bank of America, N.A. as Administrative Agent, and the other parties thereto, dated as of or about the Issue Date, and as further amended or supplemented and, if designated by the Issuer to be included in the definition of “ABL Facility Agreement,” one or more (A) debt facilities or commercial paper facilities, providing for revolving credit loans, term loans, securitization or receivables financing (including through the sale of receivables to lenders or to special purpose entities formed to borrow from lenders against such receivables) or letters of credit, or (B) instruments or agreements evidencing any other Indebtedness, in each case, with the same or different borrowers or issuers and, in each case, as amended, supplemented, modified, waived, extended, restructured, repaid, renewed, refinanced, restated, replaced (whether or not upon termination, and whether with the original lenders or otherwise) or refunded in whole or in part from time to time.
ABL Facility Agreement the Loan and Security Agreement, dated as of October 20, 2009, among NCI Group, Inc., Xxxxxxxxx-Ceco II Corporation, NCI Building Systems, Inc., the lenders party thereto and Xxxxx Fargo Foothill, LLC, as administrative agent and co-collateral agent and Bank of America, N.A. and General Electric Capital Corporation, each as co-collateral agent, as the same may be amended, supplemented, waived, otherwise modified, extended, renewed, refinanced or replaced (whether such renewal, refinancing or replacement occurs concurrently with the termination of the then-existing ABL Facility Documents and the repayment of obligations then due and owing thereunder or after any lapse of time during which there may not exist any ABL Facility Documents or any ABL Facility), in whole or in part, from time to time.
ABL Facility Agreement means the Credit Agreement dated as of the Issue Date by and among, among others, the Company, the various lenders and agents party thereto and JPMorgan Chase Bank, N.A., as Administrative Agent, together with the related documents, instruments and agreements executed in connection therewith (including, without limitation, any guarantees, notes and security documents), as such agreement, in whole or in part, in one or more instances, may be amended, renewed, extended, substituted, Refinanced, restructured, replaced, supplemented or otherwise modified from time to time (including increasing the amount available for borrowing thereunder and including Refinancing with the same or different lenders or agents or any agreement extending the maturity of, or increasing the commitments to extend, Indebtedness or any commitment to extend such Indebtedness, and any successor or replacement agreements and whether by the same or any other agent, lender or group of lenders).
ABL Facility Agreement means the Credit Agreement dated as of the Issue Date by and among, among others, the Company, the various lenders and agents party thereto and [ ], as Administrative Agent, together with the related documents, instruments and agreements executed in connection therewith (including, without limitation, any guarantees, notes and security documents), as such agreement, in whole or in part, in one or more instances, may be amended, renewed, extended, substituted, Refinanced, restructured, replaced, supplemented or otherwise modified from time to time (including increasing the amount available for borrowing thereunder and including Refinancing with the same or different lenders or agents or any agreement extending the maturity of, or increasing the commitments to extend, Indebtedness or any commitment to extend such Indebtedness, and any successor or replacement agreements and whether by the same or any other agent, lender or group of lenders).
ABL Facility Agreement means that certain Revolving Credit, Guaranty, and Security Agreement, dated as of the date hereof, among the Loan Parties, the lenders party thereto and PNC, agent, as it may be amended, modified, supplemented, renewed, restated or replaced from time to time. “ABL Facility Obligations” shall mean all “Obligations” as defined in the ABL Facility Agreement as in effect on the Closing Date. “ABL Loan Documents” shall mean the ABL Facility Agreement, the Related L/C Facility Agreement and any and all other agreements, instruments and documents, including intercreditor agreements, guaranties, pledges, powers of attorney, consents, and all other agreements, documents and instruments heretofore, now or hereafter executed by any Loan Party and/or delivered to the agent or Issuer thereunder in respect of the transactions contemplated by the ABL Facility Agreement or the Related L/C Facility Agreement, in each case together with all amendments, modifications, supplements, extensions, renewals, substitutions, restatements and replacements thereto and thereof. “Accountants” shall have the meaning set forth in Section 9.7 hereof. “Acorn Acquisition” shall mean the transactions contemplated by that certain Stock and Asset Purchase Agreement, by and among Xxxxxxx & Xxxxxx Acorn Holdings, LLC, a Delaware limited liability company, the Borrower (or an affiliate thereof), the Sellers (as defined therein) and the other parties thereto, in the form most recently provided to Agent prior to the Second Amendment Effective Date. “Acquired Indebtedness” shall mean Indebtedness of a Person whose assets or Equity Interests are acquired by a Company in a Permitted Acquisition or any other Acquisition or Investment permitted hereunder or consummated with the consent of Required Cash Collateral Providers; provided that such Indebtedness: (a) was in existence prior to the date of such transaction and (b) was not incurred in connection with, or in contemplation of, such transaction. “Acquisition” shall mean any transaction (or series of related transactions) for the purchase or other acquisition, by merger or otherwise, by any Company of (a) Equity Interests in any Person having ordinary voting power to elect at least a majority of the directors of such Person or other governing body performing similar functions for such Person (or otherwise