Debt Documents. Each Debt Document that is described in the Registration Statement, the Preliminary Prospectus and the Prospectus conforms in all material respects to the description thereof contained in the Registration Statement, the Preliminary Prospectus and the Prospectus.
Debt Documents. AGREEMENTS
1. Amended and Restated Facility Agreement Katten ☒ Term Borrower ☒ Term Guarantors ☒ Term Agent ☒ Term Lenders Katten revised draft 8/8 Annexes to Amended and Restated Facility Agreement Disbursement Amount and Warrants Katten N/A Schedules to Amended and Restated Facility Agreement Final Schedule P-1—Existing Investments Loan Parties/DLA N/A Schedule 2.4—List of Agreement Date Lenders and Such Lenders’ Wire Instructions and Information for Notices Katten/Agent N/A Schedule 3.1(d)—Existing Liens Loan Parties/DLA N/A Schedule 3.1(f)—Existing Indebtedness Loan Parties/DLA N/A Schedule 3.1(h)—Litigation Loan Parties/DLA N/A Schedule 3.1(j)—Authorizations Loan Parties/DLA N/A Schedule 3.1(m)—Real Estate Loan Parties/DLA N/A Schedule 3.1(n)—Intellectual Property Loan Parties/DLA N/A Schedule 3.1(x)—Borrower’s Subsidiaries Loan Parties/DLA N/A Schedule 3.1(z)—Borrower’s Outstanding Shares of Stock, Options and Warrants Loan Parties/DLA N/A Schedule 3.1(aa)—Material Contracts Loan Parties/DLA N/A Schedule 3.1(dd)—Environmental Loan Parties/DLA N/A Schedule 3.1(ff)—Labor Relations Loan Parties/DLA N/A Schedule 3.1(gg)—Jurisdiction of Organization, Legal Name, Organizational Identification Number and Chief Executive Office Loan Parties/DLA N/A Schedule 3.1(jjj)—Stock of the Subsidiaries of the Loan Parties Loan Parties/DLA N/A Schedule 3.1(hh)—Inventory Locations Loan Parties/DLA N/A Schedule 3.1(uu)— FDA/Governmental Notices Loan Parties/DLA N/A Schedule 5.1(q)—Other Loan Documents to Be Form 8-K Exhibits Katten N/A Schedule 5.2(iv)—Contingent Obligations Loan Parties/DLA N/A Schedule 5.2(vii)—Transactions with Affiliates Loan Parties/DLA N/A Exhibits to Amended and Restated Facility Agreement Exhibit A-1—Form of First Out Waterfall Note Katten N/A Final Exhibit A-2—Form of Last Out Waterfall Note Katten N/A Final Exhibit B—Form of Perfection Certificate Katten N/A Final Exhibit C-1—Form of Initial Warrant Katten N/A Final Exhibit C-2—Form of Additional Warrant Katten N/A Final Exhibit D—Closing Checklist Katten N/A Final Exhibit E—Form of Amended and Restated Registration Rights Agreement Katten N/A Final Exhibit F—Form of Compliance Certificate Katten N/A Final Exhibit 2.6—Share Payment Provisions Katten N/A Final
2. First Out Waterfall Notes in favor of each Term Lender Katten ☒ Term Borrower Executed
3. Last Out Waterfall Note for Deerfield Partners, X.X. Xxxxxx ☒ Term Borrower Executed
4. Amended and Restated Guaranty and Security Agreement Katten...
Debt Documents. The Hitachi Credit Agreement, the Keyframe Note Documents and each other document or agreement governing the Indebtedness thereunder is in full force and effect and no default or event of default thereunder has occurred and is continuing.
Debt Documents. 2.18(b) Department........................................................................................... 1.3
Debt Documents. 2.18(b) Development Agreements........................................................... 1.2
Debt Documents. (i) Each of the Consents and Authorizations required from the lenders under the Debt Documents shall have been obtained;
(ii) Each Debt Document shall have been amended to reflect the terms and conditions set out in Schedule 8.1(d) hereto, provided the Purchaser shall cooperate with the Seller in good faith and in a commercially reasonable manner to implement and give effect to such amendments; and
(iii) No event shall have occurred that would result in a continuing uncured material breach under any Debt Document as of the Closing, including any such material breach that would cause the lenders under the Debt Documents not to fund in accordance with the terms of the Debt Documents.
Debt Documents. Lender shall have received an executed copy (with originals to follow promptly) of the Collateral Schedule, the Note and any other Debt Documents applicable to the Loans made after the Closing Date along with the items described in Sections 9(c), (d), (g), and (l).
Debt Documents. Lender shall have received a fully executed original of each of the following documents which shall have been duly executed and delivered by the respective parties thereto, shall be in full force and effect and shall be in form and substance satisfactory to Lender:
(i) this Agreement;
(ii) the Note; and
(iii) such other agreements as Lender may require.