Concurrent Transactions. All documents or other deliveries required to be made by Purchaser or Seller at Closing, and all transactions required to be consummated concurrently with Closing, shall be deemed to have been delivered and to have been consummated simultaneously with all other transactions and all other deliveries, and no delivery shall be deemed to have been made, and no transaction shall be deemed to have been consummated, until all deliveries required by Purchaser and Seller shall have been made, and all concurrent or other transactions shall have been consummated.
Concurrent Transactions. For purposes of determining the permissibility of any action, change, transaction or event or compliance with any term, such determination shall be made on a pro forma basis, immediately after giving effect to any Concurrent Transactions.
Concurrent Transactions. (i) The acquisition by AcquireCo, a Wholly Owned Subsidiary of the U.S. Borrower, of 100% of the Capital Stock of Xxxxxxx Canadian Properties LLC, the entity that owns 100% of the Capital Stock of Kildair (the “Kildair Acquisition”) shall have been, or shall be concurrently with the effectiveness hereof, consummated pursuant to the Kildair Acquisition Documentation and no provision thereof shall have been amended or waived, and no consent shall have been given thereunder, in any manner materially adverse to the interests of the Arrangers or the Lenders without the prior written consent of the Administrative Agent.
(ii) The Indebtedness outstanding under the Kildair Credit Agreement shall have been, or shall be concurrently with the effectiveness hereof, paid in full (and any letters of credit outstanding thereunder shall have becomes Letters of Credit hereunder), the Administrative Agent shall have received a payoff letter in respect thereof and any Liens in respect thereof shall have been, or shall be concurrently with the effectiveness hereof, terminated.
(iii) The Existing Credit Agreement shall be, concurrently with the effectiveness hereof, refinanced, amended and restated pursuant to this Agreement and the U.S. Borrower shall have prepaid all Loans outstanding under (and as defined in) the Existing Credit Agreement (and all accrued and unpaid interest thereon) and all accrued and unpaid commitment fees and letter of credit fees under the Existing Credit Agreement, accrued to (but not including) the Restatement Effective Date.
Concurrent Transactions. All documents or other deliveries required to be delivered by Purchaser or Seller at the Closing, and all transactions required to be consummated concurrently with the Closing, shall be deemed to have been delivered and to have been consummated simultaneously with all other transactions and all other deliveries, and no delivery shall be deemed to have been made, and no transaction shall be deemed to have been consummated, until all deliveries required to be made by Purchaser and Seller shall have been made, and all transactions contemplated hereby shall have been consummated, except to the extent that such delivery or transaction may be waived by the party to be benefited thereby.
Concurrent Transactions. The Concurrent Transactions shall have been consummated on terms and conditions acceptable to the Initial Purchasers.
Concurrent Transactions. The Anixter Acquisition shall have been consummated or will be consummated substantially concurrently with the Borrowings made on the Fourth Restatement Date.
Concurrent Transactions. (i) All conditions to the issuance and sale of the shares of Company Common Stock pursuant to the New Investor Investment Agreement shall have been satisfied or the fulfillment of any such conditions shall have been waived, and none of the terms thereof which will survive the Closing shall have been amended or modified in any material respect without Acquirer’s prior consent and (ii) such shares of Company Common Stock shall have been, or substantially contemporaneously with the Closing shall be, issued and sold in accordance with the terms of the New Investor Investment Agreement.
Concurrent Transactions. Prior to the completion of the Purchase, (i) the transactions contemplated by the U.S. Holdco Purchase Agreement shall have completed, including, without limitation, the transfer of the Purchased Shares by U.S. Holdco to the Vendor, and (ii) all conditions precedent to the transactions contemplated by the Arrangement Agreement, other than the Purchase, shall have been satisfied or waived by the applicable parties thereto;
Concurrent Transactions. Concurrently with the completion of the Purchase, all conditions precedent to the transactions contemplated by the Arrangement Agreement and the Viemed Purchase Agreement shall have been satisfied or waived by the applicable parties thereto; (e)
Concurrent Transactions. 40 11.6 New York Style Closing ........................................... 41 11.7 Employees and Leasing Commissions ................................ 41 11.8 Loan Payoff ...................................................... 41 12 INDEMNIFICATION ....................................................... 41 12.1 Seller's Indemnity ............................................... 41 12.2 Buyer's Indemnity ................................................ 42
