Examples of Tender Facility in a sentence
Notwithstanding the foregoing, this condition shall cease to be a condition precedent to the initial borrowing under each of the Senior Secured Facilities and the Bridge Facilities on the date that is 30 calendar days prior to the Tender Facility Maturity Date.
Guarantees: (a) All obligations of Asmex (and, after the Merger, of Asarco) in respect of the A Tender Facility will be unconditionally guaranteed by Grupo Mexico.
The proceeds of the borrowings under the Term Facility and $50,000,000 of the proceeds of borrowings under the Post-Merger Revolving Facility are to be used solely (a) to pay any cash consideration due in the Merger to holders of Shares, (b) to refinance borrowings under the Tender Facility and the Pre-Merger Revolving Facility and (c) to pay fees and expenses related to the Acquisition not in excess of $15,000,000 less the amount of such fees and expenses paid on the Tender Offer Date.
In the case of partial assignments (other than to another Lender or to an affiliate of a Lender of any interest in the A Tender Facility), the minimum assignment amount shall be $5,000,000 unless otherwise agreed by Grupo Mexico and the Administrative Agent.
Borrowers: Under the A Tender Facility, ASMEX Corporation ("ASMEX") and, after the Merger, Asarco; and under the R/C Facilities, Asarco (each of Asmex and Asarco being sometimes referred to below as a "BORROWER").
All obligations of Acquisition Co. or the Borrower under the Tender Facility shall have been refinanced with the proceeds of the Facilities and the Senior Subordinated Notes.
Special Covenant of Asmex: Asmex shall covenant that it will not engage in any activity other than the Transactions, the A Tender Facility and activities necessary to effect the same.
As of the date hereof, ACQUIROR knows of no facts or circumstances that are reasonably likely to result in any of the conditions set forth in the Tender Facility not being satisfied.
Amounts paid or prepaid in respect of Tender Facility Loans and Term Facility Loans may not be reborrowed.
Guarantor(s): Under the A Tender Facility, Grupo Mexico; and under the R/C Facilities, Grupo Mexico and, until consummation of the Merger, Asmex.