Examples of LC Facility Documents in a sentence
On the Effective Date, any and all rights and obligations of the Debtors under the U.S. Bank L/C Facility Documents and the Currency Contracts shall vest in, or become the obligations of, the applicable Reorganized Debtors.
The Company further agrees to pay within 30 days after presentation of a statement of account all costs and expenses of the LC Issuer (including, without limitation, reasonable and documented fees and expenses of counsel), incurred in connection with the enforcement (whether through negotiations, legal proceedings or otherwise) of the LC Facility Documents, the Letters of Credit, and the other documents to be delivered hereunder and thereunder.
Within 90 days following the Effective Date, deliver certified copies of the resolutions of the board of directors (or persons performing similar functions) of each Account Party (other than the Company) approving the Agreement and each of the LC Facility Documents to which it is or is to be a party and ratifying the execution of each of the LC Facility Documents, together with legal opinions delivered by legal counsel to each such Account Party, in form and substance satisfactory to the LC Issuer.
The Company further agrees to pay on demand all costs and expenses of the LC Issuer (including, without limitation, reasonable counsel fees and expenses), incurred in connection with the enforcement (whether through negotiations, legal proceedings or otherwise) of the LC Facility Documents, the Letters of Credit, and the other documents to be delivered hereunder and thereunder.
Each officer of a Debtor acting singly is hereby authorized to execute and deliver each of the DIP Loan Documents and the DIP L/C Facility Documents, such execution and delivery to be conclusive of their respective authority to act in the name of and on behalf of the Debtors.
The Secured Party shall have no responsibility or liability for the types of investments made at the direction of the Company, nor shall it have any duty or responsibility to confirm that the same are in fact Permitted Investments or that such investments conform to the limitations set forth in Section 7 hereof or elsewhere in the LC Facility Documents.
As described in the Augustine Declaration, the Debtors have been and continue to be unable to obtain financing on more favorable terms from sources other than the DIP Secured Parties and the DIP L/C Issuer under the DIP Loan Documents and the DIP L/C Facility Documents, respectively.
The Debtors are also unable to obtain secured credit allowable under sections 364(c)(1), 364(c)(2) and 364(c)(3) of the Bankruptcy Code without the Debtors granting to the DIP Secured Parties and the DIP L/C Issuer the rights, remedies, privileges, benefits and protections provided herein and in the DIP Loan Documents and the DIP L/C Facility Documents, respectively, including, without limitation, the DIP Liens and the DIP Super-Priority Claims (as defined below).
Upon their execution and delivery, the DIP Loan Documents and the DIP L/C Facility Documents shall represent valid and binding obligations of the applicable Debtors enforceable against such Debtors in accordance with their terms.
All New L/C Obligations of the Borrower shall be unconditionally guaranteed by each of the Guarantors on a joint and several basis, and cash collateralized by the Borrower, using cash or proceeds of the DIP Loans, in an amount equal to 105% of the aggregate Undrawn Amount (as defined in the DIP L/C Agreement) of New Letters of Credit issued, in each case as further provided in the DIP L/C Facility Documents, including with respect to subordination of the DIP Liens on such cash collateral.