Blue Torch has the meaning specified therefor in the preamble hereto.
Blue Torch means Blue Torch Finance L.L.C. or its Affiliates, together with any successors and permitted assigns under the Blue Torch Facility.
Blue Torch means Blue Torch Finance, LLC.
Examples of Blue Torch in a sentence
Term Agent: Blue Torch Finance LLC, in its capacity as agent under the Term Loan Documents.
More Definitions of Blue Torch
Blue Torch means Blue Torch Finance, LLC. “Board” shall mean the board of directors of the Company.
Blue Torch has the meaning set forth in the recitals.
Blue Torch shall have the meaning set forth in the recitals of this Agreement.
Blue Torch has the meaning specified therefor in the preamble hereto. “Board” means the Board of Governors of the Federal Reserve System of the United States (or any successor). “Board of Directors” means with respect to (a) any corporation, the board of directors of the corporation or any committee thereof duly authorized to act on behalf of such board, (b) a partnership, the board of directors of the general partner of the partnership, (c) a limited liability company, the managing member or members or any controlling committee or board of directors of such company or the sole member or the managing member thereof, and (d) any other Person, the board or committee of such Person serving a similar function. “Board Observer” has the meaning specified therefor in Section 7.01(p). “BOD Meeting” has the meaning specified therefor in Section 7.01(p). “Borrower” has the meaning specified therefor in the preamble hereto. “Business Day” means (a) for all purposes other than as described in clause (b) below, any day other than a Saturday, Sunday or other day on which commercial banks in New York City are authorized or required to close, and (b) with respect to the borrowing, payment or continuation of, or determination of interest rate on, LIBOR, if such day relates to any SOFR Rate LoansLoan, any such day that is aalso a U.S. Government Securities Business Day described in clause (a) above and on which dealings in Dollars may be carried on in the interbank eurodollar markets in New York City and London. “Capital Expenditures” means, with respect to any Person for any period, the sum of (a) the aggregate of all expenditures by such Person and its Subsidiaries during such period that in accordance with GAAP are or should be included in “property, plant and equipment” or in -7- 939843v.13
Blue Torch means Blue Torch Finance LLC, the Prepetition Agent and DIP Agent, solely in its capacity as the Prepetition Agent and DIP Agent. 12. “Blue Torch Deficiency Claim” means the Prepetition Secured Lenders’ unsecured deficiency claim, which shall equal to at least the Claim Amount (as defined in the Participating Converge Sellers Settlement Agreement), less the amount of the credit bid of the Prepetition Obligations pursuant to the Purchase Agreement in effect on the Closing Date (as such term is defined in the Purchase Agreement) of the Sale. 13. “Business Day” means any day, other than a Saturday, Sunday, or “legal holiday” (as that term is defined in Bankruptcy Rule 9006(a)). 14. “Purchaser” means the acquirer of all or substantially all of the Debtors’ assets pursuant to the Purchase Agreement, which is BTC Converge Buyer LLC. 15. “Cash” means cash and cash equivalents in legal tender of the United States of America. 16. “Causes of Action” means any claims, interests, damages, remedies, causes of action, demands, rights, actions, suits, obligations, liabilities, accounts, defenses, offsets, powers, privileges, licenses, Liens, indemnities, guaranties, and franchises of any kind or character whatsoever, whether known or unknown, foreseen or unforeseen, existing or hereinafter arising, contingent or non-contingent, liquidated or unliquidated, secured or unsecured, assertable, directly or derivatively, matured or unmatured, suspected or unsuspected, in contract, tort, law, equity, or otherwise, with the exception, as to each, of the Transferred Causes of Action. Causes of Action also include: (i) all rights of setoff, counterclaim, or recoupment and claims under contracts or for breaches of duties imposed by law; (ii) the right to object to or otherwise contest Claims or Interests; (iii) claims pursuant to sections 362, 510, 542, 543, 544 through 550, or 553 of the Bankruptcy Code; and (iv) such claims and defenses as fraud, mistake, duress, and usury, and any other defenses set forth in section 558 of the Bankruptcy Code, with the exception, as to each, of those transferred to Purchaser pursuant to the Sale Documents. 17. “Chapter 11 Cases” means the chapter 11 cases filed by the Debtors under chapter 11 of the Bankruptcy Code in the Bankruptcy Court. 18. “Claim” means any claim, as defined in section 101(5) of the Bankruptcy Code, against any Debtor or any Estate. 19. “Claims Objection Bar Date” means the date that is one hundred eighty (180) days after the...