Replacement Facility Sample Clauses
A Replacement Facility clause allows a borrower to substitute an existing credit facility with a new one, typically under revised terms or with different lenders. In practice, this clause outlines the conditions and procedures for replacing the original facility, such as obtaining necessary consents or meeting specific financial criteria. Its core function is to provide flexibility for the borrower to refinance or restructure debt, ensuring continued access to credit while potentially securing more favorable terms or accommodating changes in lender participation.
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Replacement Facility. This Agreement, the other Finance Documents and any related notes, guarantees, collateral documents, instruments and agreements executed in connection therewith replace the €1,000,000,000 Loan and Note Issuance Agreement dated 27th July, 1999 between, amongst others, UPC Facility B.V., Telekabel Wien and UPC Norge A/S (formerly ▇▇▇▇▇ Multicom A/S) as borrowers and The Toronto-Dominion Bank as agent (the UPCF Facility Agreement) and any related notes, guarantees, collateral documents, instruments and agreements executed in connection with the UPCF Facility Agreement except as provided in this Agreement or otherwise.
Replacement Facility. (a) At any time and from time to time, subject to the terms and conditions set forth herein, the Borrowers may, by notice to the Administrative Agent (whereupon the Administrative Agent shall promptly deliver a copy to each of the Relevant Facility Lenders), request to replace a Facility with a new revolving credit facility under this Agreement (a “Replacement Facility”); provided that (i) at the time of each such request and upon the effectiveness of each Replacement Facility Amendment, no Default or Event of Default has occurred and is continuing or shall result therefrom and (ii) the Administrative Agent has consented (such consent not to be unreasonably withheld, delayed or conditioned) in writing to the incurrence of such Replacement Facility. The amount of each Replacement Facility shall not exceed the amount of the Facility being replaced. USActive 56005294.156005294.9 -165-
(b) Any Replacement Facility shall rank pari passu in right of payment and security with the Obligations in respect of the other Facilities and the obligors in respect thereof shall be Loan Parties. The interest on any outstanding Loans and Swing Line Loans under any replaced Facility, together with all fees owed by the Borrowers under such Facility, shall be paid in full, the principal of any outstanding Loans and Swing Line Loans under any replaced Facility shall be paid in full, replaced, converted or continued on terms satisfactory to the Lenders under such Facility and all outstanding Letters of Credit under such Facility will be replaced or continued on terms satisfactory to the Lenders under such Facility, in each case on the Replacement Facility Closing Date for such Facility. Any Replacement Facility shall be on the terms and pursuant to the documentation applicable to the Commitments or Dollar Working Capital Facility Uncommitted Tranche Portions in respect of the Facility being replaced (other than maturity date and pricing (interest rate and fees)) or on such other terms reasonably acceptable to the Administrative Agent and the Borrowers, as set forth in the relevant Replacement Facility Amendment; provided that any Replacement Facility shall not have a termination date that is earlier than the termination date of the Facility being replaced. In addition, the terms and conditions applicable to any Replacement Facility may provide for additional or different covenants or other provisions that are agreed between the Borrowers and the Lenders under such Replacement Faci...
Replacement Facility. The facility provided by the Lender pursuant to this Agreement shall not have been replaced by a new master trust facility with the Lender on or before September 30, 2007.”
Replacement Facility. Section 5.2(b) ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act......................................................... Section 3.5(d) Securities Act............................................................. Section 3.5(a) Series A Junior Participating Preferred Stock.............................. Section 3.2(a) Series B Convertible Participating Preferred Stock......................... Section 3.2(a) Staffing................................................................... Section 3.25
Replacement Facility. On and before March 20, 2004, the Company shall enter into a committed revolving credit facility (the “Replacement Facility”) from banks and other financial institutions, which facility shall replace the Amended and Restated Credit Agreement, dated as of August 6, 1999, among the Company, certain financial institutions which are parties thereto, and Bank of America, as agent, as amended (the “Existing Facility”). The terms and conditions of the Replacement Facility shall be substantially similar to the terms and conditions of the Existing Facility. Without limiting the foregoing, the Replacement Facility shall not expire prior to December 31, 2006 and shall provide for an aggregate availability of not less than $125,000,000, subject to reduction on a dollar for dollar basis with the proceeds of unsecured Subordinated Debt or Preferred Stock with terms and conditions that have been approved by the Required Holders. Notwithstanding anything to the contrary in Section 11 of the Note Purchase Agreements, the breach of the covenant contained in this Section 2 shall constitute an immediate Event of Default.
Replacement Facility. If Owner delivers a Replacement Facility Notice to Metabasis and as a result thereof the License terminates prior to 12:01 a.m. on January 2, 2010, then Owner shall offer (or cause an affiliate of Owner to offer) a license to Metabasis (the “Replacement Facility License”) to use a portion of another facility owned by Owner (or its affiliate) which shall be capable of accommodating not less than 7 persons solely for office use (the “Replacement Facility”). The proposed Replacement Facility and the fees and other charges (including any pass-through of operating expenses) applicable to the Replacement Facility License (the “Replacement Facility Fees”) shall be designated in the Replacement Facility Notice. Within 10 days after receipt of a Replacement Facility Notice, Metabasis shall deliver written notice to Owner either accepting or rejecting the Replacement Facility License. Metabasis’ failure to timely respond to a Replacement Facility Notice shall be deemed to be Metabasis’ rejection of the Replacement Facility License. If Metabasis rejects (or is deemed to have rejected) the Replacement Facility License, then (A) the License shall expire as of the date which is 30 days after the delivery of the Replacement Facility Notice and (B) Owner shall have no further obligation to provide Metabasis a Replacement Facility License.
Replacement Facility. Any financing for Louisiana Pacific and/or its subsidiaries that the Administrative Agent shall reasonably determine to have replaced, amended and restated or modified the facility evidenced by the Bank Credit Agreement.
Replacement Facility. This Agreement refinances and replaces in its entirety that certain Third Amended and Restated Loan Agreement dated as of January 30, 2009 (the “2009 Agreement”) originally entered into by and among Green Park Financial Limited Partnership, ▇▇▇▇▇▇ & Dunlop, LLC and the Lender (as successor to National City Bank), individually and as Agent. Upon the effectiveness of this Agreement, the 2009 Agreement shall be deemed terminated.
Replacement Facility. The City is under no obligation to locate or provide a replacement facility under any circumstances.
Replacement Facility. 32 6.26 Performance Bond ........................................... 34 6.27 Acute Care Services; Emergency Room and Obstetrical Services 34