Exit Financing Facility definition
Examples of Exit Financing Facility in a sentence
The Exit Term Loan Documents shall contain affirmative and negative covenants determined in accordance with the Documentation Principles; provided, that the Exit Term Loan Documents will permit the incurrence of indebtedness and liens represented by any Additional Exit Financing Facility, on a senior, pari passu or junior basis and subject to customary intercreditor terms acceptable to the Required DIP Lenders and the Requisite Consenting Lenders.
The Exit Financing Facility will be Secured by some or all of the collateral securing the Prepetition Credit Facility.
The Exit Financing Facility, among other things, shall (a) be effective on the Effective Date; (b) be a senior secured facility; (c) be of sufficient amount to satisfy the Debtors' outstanding obligations to any DIP Lender pursuant to a DIP Financing Order, as provided in Paragraph 3.7, as well as to provide sufficient liquidity for Reorganized Drug Emporium to operate in the ordinary course of its business; and, (d) contain terms and conditions in form and substance acceptable to Snyd▇▇'▇.
The Exit Financing Facility shall be in full force and effect, there shall exist no material breach of or default under the Exit Financing Facility, and any and all fees and expenses paid or payable by the Company or the Reorganized Debtors to any commercial bank or any other financial institution in connection with the Exit Financing Facility shall be as provided in the Commitment Letter and related side letters or for amounts otherwise reasonably acceptable to the Plan Investor.
For the avoidance of doubt, the Court will not retain exclusive jurisdiction with respect to the following documents entered into by the Reorganized Debtor on or after the Effective Date: (i) the Exit Financing Facility Credit Agreement, (ii) the Registration Rights Agreement, (iii) the New Eagle By-Laws, (iv) the New Eagle Charter, (v) the New Eagle Equity Warrant Agreement, (vi) the New Eagle MIP Option Agreements, and (vii) the New Eagle MIP Primary Equity Agreements.