5Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, or (c) in violation of FCPA or OFAC regulations.
5Use of Proceeds. The Loan Parties will use the Letters of Credit and the proceeds of the Loans only in accordance with Section 2.7 [Use of Proceeds] and as permitted by applicable Law.
5Use of Proceeds. The proceeds of the Initial Notes issued and sold on the Closing Date shall be applied by Company to fund the repayment in full of the Existing Indebtedness, with the remainder to be applied by the Company for working capital and general corporate purposes. The proceeds of the Additional Notes issued and sold on the Additional Notes Closing Date shall be applied by Company to expand its rental fleet by 12.5 megawatts (MW) and for general corporate purposes. Notwithstanding anything to the contrary in this Agreement, no proceeds of the sale of the Notes may be used in any manner that conflicts with Section 4.18(b) or Section 4.26(a).
5Use of Proceeds. 1Borrower shall apply the proceeds of (i) the Term A Loan to (x) repay in full the Indebtedness owing to Existing Agent and Existing Lenders under the Existing Loan Documents, (y) pay fees and expenses relating to the Transactions, and (z) provide for its working capital needs and other general corporate purposes, and (ii) the Delayed Draw Term Loans to finance (x) <Permitted >Acquisitions permitted hereunder, (y) Upstream Payments, and (z) prepayments of Indebtedness, in each case, solely to the extent permitted pursuant to the terms and conditions hereof. <->53<->
5Use of Proceeds. The proceeds of the Term Loans and the Revolving Loans, if any, made on the Closing Date shall be applied by Company to finance the purchase price for the Closing Date Acquisition, to refinance Existing Indebtedness and to pay Transaction Costs. The proceeds of the Revolving Loans and Letters of Credit made after the Closing Date shall be applied by Company for working capital and general corporate purposes of Holdings and its Subsidiaries, excluding Restricted Junior Payments and prepayments of the Term Loans or other long-term Indebtedness for borrowed money. Letters of Credit shall be used by Company for working capital and general corporate purposes of Holdings and its Subsidiaries and may not be issued to any Credit Party or any of its Affiliates without the approval of Administrative Agent in its sole discretion. Notwithstanding anything to the contrary in this Agreement, no Credit Extension or proceeds thereof may be used in any manner that conflicts with Section 4.18(b) or Section 4.26(a).
5Use of Proceeds. The Issuer will use the proceeds from the PIPE Investment to fund acquisitions and for growth capital and general corporate purposes.
5Use of Proceeds. The Company intends to use the net proceeds from the sale of the Securities hereunder for research, development, working capital, and other general corporate purposes.
5Use of Proceeds. (a) The Company shall use the proceeds of the DIP Notes for only the following purposes, in each case, in accordance with (i) the Orders and (ii) the Approved Budget (subject to the Permitted Variances): (A) for working capital and general corporate purposes of the Debtors, (B) to pay interest, premiums, fees and expenses payable hereunder and under the other DIP Note Documents, (C) to pay administration and restructuring costs and professional fees and expenses of the Debtors related solely to the Chapter 11 Cases, (D) to pay the transaction costs associated with the execution of the DIP Note Documents, including but not limited to the costs and expenses pursuant to Section 10.2, (E) solely with respect to the Roll Up DIP Notes, to effectuate the roll-up of Pre-Petition Obligations under Section 2.1(a)(ii) and (F) to make adequate protection payments as set forth in the Orders.
(b) Notwithstanding anything to the contrary in this Agreement, no proceeds of the DIP Notes or the Carve-Out may be used by any DIP Note Party in any manner to:
(i) request authorization to obtain post-petition loans or other financial accommodations pursuant to Section 364(c) or (d) of the Bankruptcy Code or otherwise, other than from the Collateral Agent or Purchaser, unless the proceeds of such loans or accommodations are or will be sufficient, and will be used, to indefeasibly pay in full in Cash all Obligations, the Pre-Petition Obligations;
(ii) pay any expenses, other than the amounts set forth in the Approved Budget (subject to the Permitted Variances) or the Carve-Out;
(iii) object, contest or raise any defense to the validity, perfection, priority, extent or enforceability of any amount due under, or the Liens or security interests granted under, the DIP Note Documents or Pre-Petition Note Documents;
(iv) investigate, initiate, assert, join or prosecute any claims or defenses or commence any cause of action against (A) Collateral Agent, Purchaser or any of their respective Related Parties under or relating to this Agreement or any other DIP Note Document or (B) the Pre-Petition Note Purchase Agent, the Pre-Petition Purchaser or any of their respective Related Parties under or relating to the Pre-Petition Note Documents;
(v) prevent, hinder or delay, whether directly or indirectly, Collateral Agent’s assertion or enforcement of its Liens on the Collateral, or its efforts to realize upon any Collateral under the DIP Note Documents or exercise any other rights and remed...
5Use of Proceeds. Each Borrower shall (a) use the proceeds of the Loans for (i) the repayment of the Debt to be Repaid, (ii) working capital and general business purposes and (iii) to pay fees owed to Lender and costs and expenses incurred in connection with the transactions contemplated hereby, and (b) not use any part of such proceeds to purchase or carry, or to reduce or retire or refinance any credit incurred to purchase or carry, any margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System) or for any other purpose which would violate Regulation U or Regulation T or X of such Board of Governors or for any other purpose prohibited by Exhibit 10.1 law or by the terms and conditions of this Agreement. No Borrower shall transfer proceeds of a Loan to another Borrower.
5Use of Proceeds. Use the entire proceeds of the Obligations only to refinance existing Indebtedness of the Company, for general corporate purposes of the Company and its Subsidiaries and to finance Permitted Acquisitions. The Company will not, and will not permit any Subsidiary to, use any of the proceeds of the Loans to purchase or carry any “margin stock” (as defined in Regulation U). The Company will not, directly or indirectly, use the proceeds of the Loans, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other Person, (a) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws or (b)(i) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is the subject of Sanctions, or (ii) in any other manner that would result in a violation of Sanctions by any Person (including any Person participating in the Loans, whether as lender, underwriter, advisor, investor, or otherwise).
