Credit Agreement Restrictions Sample Clauses

Credit Agreement Restrictions. The exercise by the Company of its rights pursuant to this Section 3.7 shall be subject to any restrictions imposed pursuant to loan or credit agreements to which the Company is a party.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Credit Agreement Restrictions. Except for payments under ----------------------------- Paragraph 3 of this Agreement, to the extent any payments due hereunder are not permitted to be made under the terms of the Credit Agreement, such amounts shall be suspended and paid when permitted under the Credit Agreement.
Sample 1
Credit Agreement Restrictions. Credit Agreement Restrictions shall mean the restrictions imposed from time to time under the then applicable Credit Agreement upon the Company's ability to redeem the Preferred Stock or to pay the Repurchase Price with respect to the Warrants and the Warrant Stock, so long as such restrictions do not conflict with the provisions of Section 7.21(b). Disposal (or Disposed). Disposal (or Disposed) shall have the meaning specified in RCRA and regulations promulgated thereunder as of the date hereof; provided, that to the extent that the laws of a state wherein any Property lies establishes a meaning for "Disposal" (or "Disposed") which is broader than specified in RCRA, such broader meaning shall apply.
Sample 1
Credit Agreement Restrictions. Anything contained herein to the contrary notwithstanding, the Purchaser (and any transferee of a Security by its acceptance thereof) agrees that, except for a subordinated claim set forth in the proviso hereto, it shall have no "claim" (used in its broadest sense, as contemplated by and defined in Section 101(5) of the Bankruptcy Code) as a result of the occurrence of any Unmatured Event of Non-Compliance or any Event of Non-Compliance and shall not commence or prosecute any Enforcement Action as a result of the occurrence of any such Unmatured Event of Non-Compliance or any Event of Non-Compliance; provided, however, that, subject to the prior execution and delivery by Purchaser (or its successors or assigns, as applicable) in favor of the lender or lenders under the Credit Agreement (or any Refinancing Agreement) of a subordination agreement containing terms and conditions reasonably satisfactory to such lender or lenders, the Purchaser shall be entitled to commence and prosecute a lawsuit, arbitration, or other proceeding solely to be able to establish the amount of any damages that it may have suffered as a result of the occurrence of any such Unmatured Event of Non-Compliance or any Event of Non-Compliance; it being understood and agreed that, the foregoing limited exception notwithstanding, in no event shall the Purchaser be entitled to commence or prosecute any of the actions described in clauses (b) or (c) of the definition of Enforcement Action. For purposes of this Section, "reasonably satisfactory" terms and conditions shall mean the subordination terms customarily found in subordination agreements between a senior lender and the seller of a business with respect to a note taken back by such seller in connection with the sale of a business. The lender or lenders shall deliver a draft of the subordination agreement contemplated by this Section within 10 business days after the Purchaser's written request therefor in connection with an Event of Non-Compliance and shall diligently attempt to reach agreement with the Purchaser on such reasonably satisfactory terms and conditions. The foregoing agreement by the Purchaser is made for the direct and intended benefit of Fleet (or any other lender or lenders under the Credit Agreement) and may not be amended or revoked without their prior written consent except that this Section shall automatically terminate without further action on the Company's or any lender's or lenders' part upon payment in full of...
Sample 1
Credit Agreement Restrictions. All Securities acquired by a ----------------------------- Management Holder shall be subject to the terms of the Credit Agreement (and any further agreements entered into in connection with the incurrence of indebtedness by the Company) which may require, among other things, that such Securities be pledged ( a "BUYER PLEDGE") in support of the Obligations (as ------------ defined in the Credit Agreement), that the Management Holder subordinate amounts owed to him by the Company, if any, to the Obligations, and/or that the Centre Entities be granted sole voting and investment power with regard to shares of Common Stock acquired by the Management Holder. The Management Holder agrees to execute from time to time such pledge agreements, subordination agreements, irrevocable powers of appointment to the Centre Entities or other instruments and to cause to be delivered such certificates, opinions or supporting documentation as the Agent may require in such connection.
Sample 1

Related to Credit Agreement Restrictions

  • Credit Agreements Schedule II is a complete and correct list, as of the date of this Agreement, of each credit agreement, loan agreement, indenture, purchase agreement, guarantee or other arrangement providing for or otherwise relating to any Indebtedness or any extension of credit (or commitment for any extension of credit) to, or guarantee by, the Company or any of its Material Subsidiaries the aggregate principal or face amount of which equals or exceeds (or may equal or exceed) $150,000,000 and the aggregate principal or face amount outstanding or which may become outstanding under each such arrangement is correctly described in Schedule II.

  • Credit Agreement Amendments The Credit Agreement is hereby amended as follows:

  • Credit Agreement (a) Capitalized terms used in this Agreement and not otherwise defined herein have the respective meanings assigned thereto in the Credit Agreement. All terms defined in the New York UCC (as defined herein) and not defined in this Agreement have the meanings specified therein. The term “instrument” shall have the meaning specified in Article 9 of the New York UCC. (b) The rules of construction specified in Section 1.02 of the Credit Agreement also apply to this Agreement.

  • Incorporation of Credit Agreement Provisions The provisions contained in Section 11.6 (Indemnification), Section 12.8 (Governing Law; Submission to Jurisdiction) and Section 12.9 (Waiver of Jury Trial) of the Credit Agreement are incorporated herein by reference to the same extent as if reproduced herein in their entirety.

  • Existing Credit Agreement On the date of this Agreement, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement, and the Existing Credit Agreement shall be replaced hereby; provided that the Borrower, the Administrative Agent and the Lenders agree that on the date of the initial funding of Loans hereunder, the loans and other Indebtedness of the Borrower under the Existing Credit Agreement shall be renewed, rearranged, modified and extended with the proceeds of the initial funding and the “Commitments” of the lenders under the Existing Credit Agreement shall be superseded by this Agreement and terminated. This Agreement is not in any way intended to constitute a novation of the obligations and liabilities existing under the Existing Credit Agreement or evidence payment of all or any portion of such obligations and liabilities. The terms and conditions of this Agreement and the Administrative Agent’s, the Lenders’ and the Issuing Banks’ rights and remedies under this Agreement and the other Loan Documents shall apply to all of the Indebtedness incurred under the Existing Credit Agreement and in respect of the Existing Letters of Credit. The undersigned hereby waive (i) any right to receive any notice of such termination, (ii) any right to receive any notice of prepayment of amounts owed under the Existing Credit Agreement, and (iii) any right to receive compensation under Section 5.02 of the Existing Credit Agreement in respect of Eurodollar Loans outstanding under the Existing Credit Agreement resulting from such rearrangement. Each Lender that was a party to the Existing Credit Agreement hereby agrees to return to the Borrower, with reasonable promptness, any promissory note delivered by the Borrower to such Lender in connection with the Existing Credit Agreement.

  • Credit Agreement and Notes This Agreement and the Notes executed by each party thereto;

  • Credit Agreement; Guarantee and Collateral Agreement The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

  • Amendment and Restatement of Existing Credit Agreement Upon the execution and delivery of this Agreement, the Existing Credit Agreement shall be amended and restated to read in its entirety as set forth herein. With effect from and including the Effective Date, (i) the Commitments of each Lender party hereto shall be as set forth on Appendix A (and (a) to the extent that such Lender constitutes a lender under the Existing Credit Agreement (a “Consenting Lender”), such Consenting Lender’s commitment thereunder shall be terminated and replaced with its respective Commitment hereunder and (b) any lender under the Existing Credit Agreement that is not listed on Appendix A shall cease to be a Lender hereunder and its commitment thereunder shall be terminated; provided that, for the avoidance of doubt, such lender under the Existing Credit Agreement shall continue to be entitled to the benefits of Section 9.03 of the Existing Credit Agreement), (ii) all accrued and unpaid interest and fees and other amounts owing under the Existing Credit Agreement shall have been paid by the Borrower under the Existing Credit Agreement, whether or not such interest, fees or other amounts would otherwise be due and payable at such time pursuant to the Existing Credit Agreement, (iii) the Commitment Ratio of the Consenting Lenders shall be redetermined based on the Commitments set forth in the Appendix A and the participations of the Consenting Lenders in, and the obligations of the Consenting Lenders in respect of, any Letters of Credit or Swingline Loans outstanding on the Effective Date shall be reallocated to reflect such redetermined Commitment Ratio and (iv) each JLA Issuing Bank shall have the Fronting Sublimit set forth in Appendix B.

  • The Credit Agreement The Notes executed by the Borrower and delivered on the date hereof. The documents described in the foregoing clauses (a) and (b) are collectively referred to herein as the “Opinion Documents.” We have also reviewed originals or copies of such other agreements and documents as we have deemed necessary as a basis for the opinion expressed below. In our review of the Opinion Documents and other documents, we have assumed:

  • Credit Agreement; Loan Documents This Agreement or counterparts hereof shall have been duly executed by, and delivered to, Borrowers, each other Credit Party, Agent and Lenders; and Agent shall have received such documents, instruments, agreements and legal opinions as Agent shall reasonably request in connection with the transactions contemplated by this Agreement and the other Loan Documents, including all those listed in the Closing Checklist attached hereto as Annex D, each in form and substance reasonably satisfactory to Agent.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!