Refinancing Conditions the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed or refinanced; (b) it has a final maturity no sooner than, a weighted average life no less than, and an interest rate no greater than, the Debt being extended, renewed or refinanced; (c) it is subordinated to the Obligations at least to the same extent as the Debt being extended, renewed or refinanced; (d) the representations, covenants and defaults applicable to it are no less favorable to Borrowers than those applicable to the Debt being extended, renewed or refinanced; (e) no additional Lien is granted to secure it; (f) no additional Person is obligated on such Debt; and (g) upon giving effect to it, no Default or Event of Default exists.
Refinancing Conditions the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount (or accreted value, if applicable) that does not exceed the principal amount (or accreted value, if applicable) of the Debt being extended, renewed or refinanced plus any premium or similar amount required to be paid, and fees and expenses, including in the form of original issue discount, incurred in connection with any of the foregoing; (b) it has a final maturity no sooner than, a weighted average life no less than the Debt being extended, renewed or refinanced, and an interest rate no greater than prevailing interest rates at the time of such extension, renewal or refinancing, provided, that Refinancing Debt in respect of the Existing 2020 Senior Notes shall not amortize or mature prior to 6 months following the Revolver Termination Date; (c) it is subordinated to the Obligations at least to the same extent as the Debt being extended, renewed or refinanced; (d) the terms and conditions taken as a whole are not materially less favorable to Borrower than those applicable to the Debt being extended, renewed or refinanced, provided, that a certificate of a Senior Officer delivered to Agent at least five (5) Business Days prior to the incurrence of such Debt, together with a reasonably detailed description of the material terms and conditions of such Debt or drafts of the documentation relating thereto, stating that Borrower has determined in good faith that such terms and conditions satisfy the foregoing requirement shall be conclusive evidence that such terms and conditions satisfy the foregoing requirement unless Agent notifies Borrower within such five (5) Business Day period that it disagrees with such determination (including a description of the basis upon which Agent disagrees); (e) no additional Lien is granted to secure it; (f) no additional Person is obligated on such Debt; and (g) upon giving effect to it, no Default or Event of Default exists.
Refinancing Conditions the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed or refinanced plus accrued interest and reasonable fees and expenses incurred in connection with such refinancing, refunding, renewal or extension; (b) the interest rate applicable to any such refinancing, refunding, renewing or extending Debt does not exceed the greater of the (i) interest rate for the Debt being refinanced, refunded, renewed, or extended and (ii) the otherwise market rate of interest for such Debt, (c) it has a final maturity no sooner than and a weighted average life no less than, the Debt being extended, renewed or refinanced; (d) it is subordinated to the Obligations at least to the same extent as the Debt being extended, renewed or refinanced; (e) the representations, covenants and defaults applicable to it are not materially less favorable to Credit Parties than those applicable to the Debt being extended, renewed or refinanced; (f) no additional Lien is granted to secure it; (g) no additional Person is obligated on such Debt; and (h) upon giving effect to it, no Default or Event of Default exists.
Examples of Refinancing Conditions in a sentence
Borrowed Money that is the result of an extension, renewal or refinancing of Debt permitted under Section 10.2.1(b), (d) or (f) as to which the Refinancing Conditions are satisfied.
Refinancing Conditions The amendments and the extensions set out in Parts B and C above to be subject to satisfaction of the conditions to the Restructuring Effective Date (as defined in the RSA) other than the effectiveness of the Credit Facility Amendments (as defined in the RSA) on or prior to the Outside Date (as defined in the RSA).
If the Minotaurus Refinancing Conditions have been satisfied on or prior to the Minotaurus Refinancing Date, a Senior Loan in an amount not exceeding the Minotaurus Refinancing Amount will be advanced to Minotaurus.
In addition, if the Minotaurus Refinancing Conditions are satisfied on or prior to the Minotaurus Refinancing Date, Minoraurus Immobilien GmbH & Co. KG (Minotaurus) will accede to the Senior Loan Agreement, whereupon it will be come a Senior Borrower.
If Minotaurus accedes to the Senior Loan Agreement and satisfies the Minotaurus Refinancing Conditions on or prior to the Minotaurus Refinancing Date, it will be permitted to borrow a Senior Loan under the Senior Loan Agreement in an amount not exceeding the Minotaurus Refinancing Amount.
More Definitions of Refinancing Conditions
Refinancing Conditions the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed or refinanced (other than an increase in an aggregate principal amount resulting solely from any capitalized or payment-in-kind interest); (b) it has a final maturity no sooner than, a weighted average life no less than, and, unless otherwise approved by Agent, an interest rate no greater than, the Debt being extended, renewed or refinanced; (c) if subordinated, it is subordinated to the Obligations at least to the same extent as the Debt being extended, renewed or refinanced or otherwise on terms and conditions acceptable to Agent; (d) with respect to Refinancing Debt with a principal amount in excess of $6,250,000, the representations, covenants and defaults applicable to it are no less favorable (taken as a whole) in any material respect to Borrowers than those applicable to the Debt being extended, renewed or refinanced, unless otherwise approved by Agent; (e) no additional Lien is granted to secure it (other than additional Permitted Liens on Property not constituting Collateral); (f) no additional Person is obligated on such Debt; and (g) upon giving effect to it, no Default or Event of Default exists.
Refinancing Conditions the following conditions for Refinancing Debt:
Refinancing Conditions the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed or refinanced plus any unpaid accrued interest thereon, premium or similar amount required to be paid, including, but not limited to, underwriting discounts, defeasance costs, commissions and fees and expenses, including in the form of original issue discount, incurred in connection with any of the foregoing ; (b) it has a final maturity no sooner than and a weighted average life no less than, and an initial interest rate no greater than, the Debt being extended, renewed or refinanced; (c) it is subordinated to the Obligations at least to the same extent as the Debt being extended, renewed or refinanced; (d) the representations, covenants and defaults applicable to it are not, taken as a whole, materially less favorable to Borrowers than those applicable to the Debt being extended, renewed or refinanced; and (e) upon giving effect to it, no Default or Event of Default shall have occurred and be continuing.
Refinancing Conditions as to any Refinancing Debt: (a) except to the extent otherwise permitted under this Agreement, it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed, modified, refunded or refinanced (other than an increase in an aggregate principal amount resulting solely from any capitalized or payment-in-kind interest, any premium or any other reasonable amount paid, and fees and expenses incurred, in connection with such Refinancing Debt); (b) except to the extent otherwise permitted under this Agreement, in the case of Sections 9.2.1(a), (d), (k) (to the extent such Refinancing Debt refinances Debt incurred under Section 9.2.1(a), (d), (v)(ii), (dd) or (ee)), (v)(ii) (to the extent constituting Material Debt), (dd), (ee) and (ff) it has a final maturity no sooner than and a weighted average life no less than, the Debt being extended, renewed, modified, refunded or refinanced; (c) except to the extent otherwise permitted under this Agreement if the Debt being extended, renewed, modified, refunded or refinanced is contractually subordinated in right of payment or security to the Obligations, such extension, renewal, modification, refunding or refinancing is subordinated in right of payment or security to the Obligations on terms not materially less favorable on the whole to the Lenders as those contained in the documentation governing the Debt being extended, renewed, modified, refunded or refinanced; (d) in the case of Sections 9.2.1(a), (d), (k) (to the extent such Refinancing Debt refinances Debt incurred under Section 9.2.1(a), (d), (v)(ii), (dd) or (ee)), (v)(ii) (to the extent constituting Material Debt), (dd) or (ee), the representations, covenants and defaults applicable to it are not materially less favorable (taken as a whole) in any material respect to the Borrowers than those applicable to the Debt being extended, renewed, modified, refunded or refinanced (except for provisions applicable only to periods after the latest then-applicable Revolver Termination Date); (e) no additional Lien is granted to secure it (other than additional Permitted Liens on Property not constituting Current Asset Collateral); (f) no additional Person is obligated on such Debt; and (g) upon giving effect to it, no Event of Default exists.
Refinancing Conditions means the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount that does not exceed the principal amount of the Indebtedness being extended, renewed or refinanced; (b) it has a final maturity no sooner than the Indebtedness being extended, renewed or refinanced; (c) it is subordinated to the Obligations at least to the same extent as the Indebtedness being extended, renewed or refinanced; (d) no additional Lien is granted to secure it; (e) no additional Person is obligated on such Indebtedness; and (f) upon giving effect to it, no Default or Event of Default exists.
Refinancing Conditions the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed or refinanced (other than an increase in an aggregate principal amount resulting solely from the amount of any fees, premiums or expenses incurred in connection therewith and, without duplication, accrued and unpaid interest thereon, and any capitalized or payment in kind interest); (b) it has a final maturity no sooner than, a weighted average life no less than, and, unless otherwise approved by Administrative Agent, an interest rate no greater than, the Debt being extended, renewed or refinanced; (c) if the Debt being extended, renewed or refinanced is subordinated, it is subordinated to the Obligations at least to the same extent as the Debt being extended, renewed or refinanced or otherwise on terms and conditions acceptable to Administrative Agent; (d) the representations, covenants and defaults applicable to it are no less favorable (taken as a whole in any material respect) to Obligors, than those applicable to the Debt being extended, renewed or refinanced, unless otherwise approved by Administrative Agent; (e) no additional Lien is granted to secure it; (f) no additional Person is obligated on such Debt; and (g) immediately upon giving effect to its incurrence, no Default exists.
Refinancing Conditions means the following conditions (a) for Refinancing Debt (other than with respect to the extending, renewing or refinancing of Indebtedness arising under the Revolving Loan Facility): (i) it is in an aggregate principal amount that does not exceed the principal amount of the Indebtedness being extended, renewed or refinanced, (ii) it has a final maturity no sooner than, a weighted average life no less than, and an interest rate no greater than, the Indebtedness being extended, renewed or refinanced, (iii) it is subordinated to the Obligations at least to the same extent as the Indebtedness being extended, renewed or refinanced, (iv) the representations, covenants and defaults applicable to it are no less favorable to the Loan Parties than those applicable to the Indebtedness being extended, renewed or refinanced, (v) no additional Lien is granted to secure it, (vi) no additional Person is obligated on such Indebtedness, and (vii) upon giving effect to it, no Default or Event of Default exists, or (b) for Refinancing Debt that is extending, renewing or refinancing Indebtedness arising under the Revolving Loan Facility, such Indebtedness is extended, renewed or refinanced in accordance with and to the extent permitted by the terms and provisions of the Intercreditor Agreement.