Bank Debt. All indebtedness, liabilities and obligations of the Borrowers to the Bank, whether now existing or hereafter arising, including, without limitation, the indebtedness, liabilities and obligations of the Borrowers to the Bank under the Credit Agreement, dated as of the date hereof, among the Bank and the Borrowers (such agreement, as it may from time to time be amended, modified and/or supplemented, is hereinafter referred to as the "Credit Agreement"), the Note and the Security Documents (as such terms are defined in the Credit Agreement and hereinafter referred to as the "Bank Security Documents") and all other instruments and documents executed and delivered in connection therewith, whether for principal, interest, fees, costs or expenses and whether or not currently contemplated (regardless of the extent to which such documents are enforceable against the Borrowers or any of them and regardless of the extent to which such amounts are allowed as claims against the Borrowers or any of them in any bankruptcy or other proceeding relative to any Borrower, and including any interest accruing thereon after the date of filing any petition by or against any Borrower in connection with any bankruptcy or other proceeding and any other interest that would have accrued thereon but for the commencement of such proceeding) are hereinafter referred to collectively as "Bank Debt".
Bank Debt all amounts owing under the Notes, fees, Borrower’s obligations to purchase Bank Equity Interests, Funding Losses and all interest, expenses, charges and other amounts payable by Borrower pursuant to the Loan Documents.
Bank Debt. The Company agrees to use its reasonable best efforts to seek the consent of its bank lenders and the issuers of letters of credit to the Company to permit the consummation of the transactions contemplated hereby, including, without limitation, the Offer and the Merger, without necessity to repay the indebtedness of the Company to such lenders or to replace such letters of credit.
Bank Debt. All negotiations by Grand Court with the Bank Debt lenders shall include a representative of GFB-AS. The Bank Debt and related collateral shall not be amended, modified or altered, in any way, without prior written notice to GFB-AS.
Bank Debt. Upon the consummation of the transactions contemplated hereby, the Maximum Bank Debt Principal (as defined in the definition of “Bank Debt” set forth within the Intercreditor Agreement) shall not exceed $25,000,000.
Bank Debt. (a) Section 6.7(a) of the Purchase Agreement is hereby amended by (i) deleting clause “(i)” in its entirety and replacing it with clause “(i)” as set forth immediately below, (ii) inserting new clauses “(ii)” and “(iii)” as set forth immediately below, and (iii) renumbering clauses “(ii)” and “(iii)” as clauses “(iv)” and “(v)”, respectively:
(i) Each of Seller and Purchaser Parent shall use its commercially reasonable efforts (without being required to pay any additional fees, premiums or other amounts) to have, if requested by Purchaser, the BOT Loan and the Shoko Loan remain in full force and effect from and after Closing on the same terms as those terms in effect as of the date hereof, or refinanced on terms substantially economically equivalent in the aggregate thereto.
(ii) Prior to Closing, Seller shall (x) either (A) cause the DBJ Loans to be transferred to Seller or its designated Affiliate (other than a Company Group Entity) or (B) cause the DBJ Loans to be repaid and (y) cause SSMC and the other Company Group Entities and their respective properties and assets to be released from any and all Encumbrances created or arising in connection with the DBJ Loans.
(iii) Prior to Closing, Seller shall (x) cause each of the Company Group Entities that are parties to the equipment lease agreements set forth in Schedule 6.7(a)(iii) to repay such leases in full, release or cause the release of all Encumbrances upon or with respect to the equipment leased thereunder and, to the extent title is not held by such Company Group Entities, duly acquire title to such equipment, and (y) provide to Purchaser evidence of such repayment of leases.”
(b) The schedule of equipment lease agreements attached hereto as Attachment 13 is hereby added as Schedule 6.7(a)(iii) to the Purchase Agreement.
Bank Debt. Schedule 3.35 hereto sets forth a complete and accurate list of all loans and credit agreements, line of credit, promissory notes, loan agreements and other arrangements between Seller and any bank, financial institution, lender or creditor of any sort.
Bank Debt. There is no outstanding indebtedness of Taurus to banks or other financial institutions, at the date of this Agreement.
Bank Debt. The Company shall not incur any indebtedness to any bank, any other financial institution, any other entity or any person without the prior written consent of Parent.
Bank Debt. La Quinta covenants and agrees that it will not, and will cause each Subsidiary to not, (i) default in any payment of principal of or interest on any Bank Debt beyond any grace period with respect thereto, or (ii) default, beyond any notice, grace or cure period, in the performance of any other covenant or agreement contained in any Bank Debt or made by La Quinta under or in connection with any Bank Debt, if the effect of such default is to cause such Bank Debt to become due before its stated maturity.
