Use of Proceeds of Term Loans. The proceeds of the Term Loans shall be used solely (i) in the case of all Term Loans, to fund the Refinancing (other than Term D Loans) and to pay Transaction Costs, (ii) in the case of Term A Loans made after the Effective Date, to fund the Delayed Purchases or to refund Swing Loans or Revolving Loans used to fund Delayed Purchases and (iii) in the case of Term D Loans to pay in part the cash merger consideration under the ▇▇▇▇▇ Merger Agreement and the Defeasance." 2.8. A new Section 2.04(e) is hereby added to the Credit Agreement to read as follows:
Appears in 2 contracts
Sources: Credit Agreement (Foamex Capital Corp), Credit Agreement (General Felt Industries Inc)