ABL Loan Documents. Borrowers have delivered to Agent a complete and correct copy of the ABL Loan Documents, including all schedules and exhibits thereto, executed on the Closing Date. The execution, delivery and performance of each of the ABL Loan Documents has been duly authorized by all necessary action on the part of each Borrower who is a party thereto. Each ABL Loan Document is the legal, valid and binding obligation of each Borrower who is a party thereto, enforceable against each such Borrower in accordance with its terms, in each case, except (i) as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting generally the enforcement of creditors’ rights, and (ii) the availability of the remedy of specific performance or injunctive or other equitable relief is subject to the discretion of the court before which any proceeding therefor may be brought.
ABL Loan Documents. As of the Closing Date, the Borrowers have delivered to the Administrative Agent true and correct copies of the ABL Loan Documents. The ABL Loan Documents are in full force and effect as of the Closing Date and have not been terminated, rescinded or withdrawn as of such date. The execution, delivery and performance of the ABL Loan Agreement on the Closing Date does not and will not require any registration with, consent, or approval of, or notice to, or other action with or by, any governmental authority, other than consents or approvals that have been obtained and that are still in full force and effect. This Agreement, the other Loan Documents and the Obligations incurred hereunder and thereunder are permitted to be incurred by the ABL Loan Documents. Each Person that is a guarantor or a borrower under the ABL Loan Documents is a Loan Party hereunder.
ABL Loan Documents. There shall occur and be continuing an “Event of Default” under (and as defined in) the ABL Credit Agreement, or there shall occur and be continuing an event of default under any of the other ABL Loan Documents; or
ABL Loan Documents. On the Closing Date, the Collateral Agent shall have received copies of the ABL Loan Documents, certified as true and correct copies thereof by an Authorized Officer of the Company, together with a certificate of an Authorized Officer of the Company stating that such agreements remain in full force and effect and that none of the Loan Parties has breached or defaulted in any of its obligations under such agreement.
ABL Loan Documents. No Event of Default exists, or has occurred and is continuing under and as defined in the ABL Loan Documents.
ABL Loan Documents. Prior to or substantially simultaneously with the making of Loans on the Closing Date, (x) the Administrative Agent shall be reasonably satisfied with the terms and conditions of the ABL Credit Agreement, (y) all conditions to the closing of the ABL Credit Agreement shall have been satisfied or waived and (z) LLC Parent and its Subsidiaries shall have Liquidity, after giving effect to borrowings and letters of credit made or issued on or prior to the Closing Date, of at least $100,000,000.
ABL Loan Documents. Prior to or substantially simultaneously with the making of Loans on the Closing Date, the Administrative Agent shall be reasonably satisfied with the terms and conditions of the ABL Credit Agreement (or an amendment thereto), executed by the parties thereto.
ABL Loan Documents. The Administrative Agent shall have received copies of each ABL Loan Document, together with a certificate of the chief financial officer of Borrower certifying each such document as being a true, correct, and complete copy thereof.
ABL Loan Documents. The Administrative Agent shall have received final executed copies of the ABL Loan Documents and all related agreements, documents and instruments as in effect on the Closing Date and the transactions contemplated by such documentation shall be consummated concurrently with the making of the Loans on the Closing Date.
ABL Loan Documents. The terms of this Section 2.7 are subject to the terms and conditions of the Intercreditor Agreement. To the extent that any mandatory prepayment pursuant to the ABL Loan Documents is, contemporaneously with the event giving rise to such prepayment, required and permitted to be paid to the ABL Obligations pursuant to the Intercreditor Agreement, then the amount of such payment required pursuant to the ABL Loan Documents at such time shall reduce the amount of any mandatory prepayment owing pursuant to this Section 2.7 on a dollar for dollar basis or as otherwise required pursuant to the Intercreditor Agreement.
