Clear Market Provision Clause Samples

Clear Market Provision. During the period beginning on the date hereof and continuing to and including the 30th day following the Closing Date, the Issuer will not offer, sell, pledge, contract to sell, or otherwise dispose of any U.S. dollar-denominated debt securities of, or guaranteed by, the Issuer or any of its Subsidiaries.

Clear Market Provision. The “Clear Market Provision” shall mean the requirement that the Settling EFIH First Lien Note Holders not syndicate or attempt to syndicate any portion of their commitment under the DIP Facility, prior to the earlier of (x) the date that the lenders under the EFIH First Lien DIP Financing no longer hold any of the EFIH First Lien DIP Financing (i.e., successful syndication date) and (y) in the event of an offering with respect to the EFIH First Lien Settlement, the 25th day after the end of any ‘early’ election period given to the holders of the EFIH First Lien Notes Claims.

Clear Market Provision. From the Effective Date through the earlier of October 31, 1999 or the date upon which Bank of America has assigned seventy-eight and six-tenths percent (78.6%), in the aggregate, of the Commitment (determined as of July 1, 1999) pursuant to Section 11.19, the Company agrees that no other Debt of the Company will be incurred which might, in Bank of America's reasonable opinion, have a material adverse effect on the ability of Bank of America to assign at least seventy-eight six tenths percent (78.6%), in the aggregate, of this Commitment by reason of placement on the market of competing Debt of the Company (determined as of July 30, 1999), and will notify the Administrative Agent in writing immediately if any such matter is contemplated. The Company has notified the Administrative Agent that the Company intends to obtain a Two Hundred Million Dollar ($200,000,000) secured industrial loan and a One Hundred Twenty Million Dollar ($120,000,000) secured retail loan. Bank of America, in its role as a Bank and in its role as Administrative Agent, agrees that the Company may incur Debt in connection with such loans and seek out, and cooperate in other Person's efforts to seek out, entities willing to make a portion of such loans or participate in the making of such loans. The Company, the Administrative Agent and the Banks will work cooperatively to ensure the successful assignment of this Commitment and the competing commitments described herein.