Exit Facility Agreement definition

Exit Facility Agreement means the credit agreement and related security agreements, mortgages and similar documents governing the Exit Facility by and between Reorganized CIT and the Exit Facility Lender.

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Exit Facility Agreement means that certain Credit Agreement, to be dated as of the Effective Date, by and among VIVUS, Inc., as borrower, and the Exit Facility Lender, as the same may be amended, restated, supplemented, or otherwise modified from time to time in accordance with the terms thereof.

Exit Facility Agreement means that certain credit agreement, if any, by and among the Debtors or Reorganized Debtors, as applicable, the Exit Facility Agent, and the Exit Lender, which shall be included in the Plan Supplement.

Examples of Exit Facility Agreement in a sentence

Each Lender hereto hereby agrees that, on the Conversion Date, (i) the Administrative Agent (in its capacity as Administrative Agent under the Exit Facility Agreement) may execute and deliver the Exit Facility Agreement (and any guaranty contemplated thereby) on its own behalf and on behalf of each such Lender and (ii) the Administrative Agent may execute and deliver the security documents contemplated by the Exit Facility Term Sheet.
Notwithstanding the foregoing, all obligations of the Borrower and the Guarantors to the Administrative Agent, the Issuing Lender, and the Lenders under this Agreement and any other Loan Document (except the Exit Facility Agreement) which are expressly stated in this Agreement or such other Loan Document as surviving such agreement’s termination shall, as so specified, survive without prejudice and remain in full force and effect.
Notwithstanding the foregoing, all obligations of the Borrower and the other Credit Parties to the Administrative Agent, the Issuing Lenders and the Lenders under this Agreement and any other Credit Document (except, for the avoidance of doubt, the Exit Facility Agreement) which are expressly stated in this Agreement or such other Credit Document as surviving such agreement’s termination shall, as so specified, survive without prejudice and remain in full force and effect.
Each of the Credit Parties, the Administrative Agent, the Lenders and the Issuing Lenders shall take such actions and execute and deliver such agreements, instruments or other documents as the Administrative Agent may reasonably request to give effect to the provisions of this Section 2.20 and as are required to complete the Schedules to the Exit Facility Agreement.
This Amendment shall terminate and the amendment herein shall be void if any Exit Facility Agreement lender, term loan lender or other affected party accelerates the debt of Seller or Guarantor, declares an event of default, or exercises any remedies, or takes an action in furtherance of any of the foregoing as a result of the delay in delivery of Guarantor’s or Seller’s financial statements financial statements for the fiscal period ending March 31, 2018.

More Definitions of Exit Facility Agreement

Exit Facility Agreement means a credit agreement, if any, dated on or after the Effective Date, by and among Reorganized TSC and the lender or lenders party thereto with respect to the Exit Facility, as the same may be subsequently amended, restated, amended and restated, supplemented or otherwise modified from time to time, together with all instruments and agreements related thereto, with terms and conditions substantially similar to those found in the Exit Financing Term Sheet and that shall be in form and substance reasonably acceptable to the Requisite Designated Holders.

Exit Facility Agreement means that certain credit agreement, if applicable, dated as of the Effective Date, by and among the Reorganized Debtors, the Exit Facility Agent, and the lenders party thereto, which shall be included in the Plan Supplement.

Exit Facility Agreement means the credit agreement that is approved by the Confirmation Order and entered into on the Conversion Date consistent in all material respects with the terms set forth in the Exit Facility Term Sheet and any related schedules and exhibits attached thereto; provided, that such credit agreement shall have been made available to the Administrative Agent and all Lenders; provided, further, that upon the satisfaction of waiver of the conditions contemplated by Section 2.22, each Lender hereunder that is a Lender on the Conversion Date hereby authorizes the Administrative Agent to use its executed signature page to this Agreement as an executed signature page to the Exit Facility Agreement without any further action on the part of any such Lender or any other Person.

Exit Facility Agreement means the Credit Agreement governing the Exit Facility which shall be substantially consistent with the term sheet attached hereto as Exhibit F.

Exit Facility Agreement means that certain credit agreement, dated as of the Effective Date, by and among the Reorganized Debtors, the Non-Debtor Loan Parties (other than Longview Power II, LLC and Longview Renewable Power, LLC), the Exit Facility Agent, and the lenders party thereto, which shall be included in the Plan Supplement.

Exit Facility Agreement means, on and after the Effective Date, that certain credit and guaranty agreement, to be dated on or about the Effective Date, by and among the Reorganized Debtors, the Exit Facility Agent, and the Exit Facility Lender, including any and all documents and instruments executed in connection therewith (in each case, as it may be amended, modified or supplemented from time to time on the terms and conditions set forth therein). The Exit Facility Agreement shall (A) (i) provide for a maximum drawn principal amount of (a) $25 million plus (b) the DIP Facility Undrawn Amount, (ii) bear interest at 15.00 percent per annum payable in cash or in kind, (iii) mature on the date that is three years from the Effective Date and (B) be (x) in form and substance acceptable to the Debtors and to the Exit Facility Lender, in its sole discretion, (y) in form and substance consistent with the DIP Credit Agreement, except as otherwise provided in this Section 1.57, and (z) filed as part of the Plan Supplement.

Exit Facility Agreement the Credit and Guarantee Agreement having terms substantially as those set forth in the term sheet attached hereto as Exhibit C, as such agreement becomes effective pursuant to subsection 2.11, as amended, supplemented or otherwise modified from time to time with the consent of the Administrative Agent.

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