Debt Refinancing. If Borrowers elect to prepay the Obligations by refinancing some or all of the Obligations through a loan from another lender (a “Refinancing”), Borrowers may prepay the Obligations prior to the Maturity Date without penalty by giving the Holder written notice of their intent to prepay (a “Prepayment Notice”). The Prepayment Notice must include (i) the amount of the Obligations to be prepaid (the “Proposed Prepayment Amount”), (ii) the terms of the proposed Refinancing (the “Refinancing Transaction”), and (iii) the proposed prepayment date (the “Proposed Prepayment Date”); provided, that the Proposed Prepayment Date may not be less than thirty (30) nor more than sixty (60) days after the Prepayment Notice is delivered to the Holder. The actual amount prepaid may not exceed the Proposed Prepayment Amount and may not be paid after the Proposed Prepayment Date without the Holder’s prior written consent. At any time during the period that five (5) business days prior to the Proposed Prepayment Date, at its option, the Holder may (i) make its exercise of its Conversion Option contingent upon the Borrowers consummating the Funding Transaction on or before a date certain (the “Outside Date”) by so indicating in a Notice of Conversion, and/or (ii) may extend the Outside Date to a later date upon written notice to Borrowers. Also, upon written notice to Borrowers given at least seven days prior to the then-applicable Outside Date, the Holder may withdraw and cancel any Notice of Conversion. The Setting of an Outside Date by the Holder will not affect Borrowers’ right to make the prepayment prior to the Outside Date.
Debt Refinancing. 26 Section 6.10 Listing...................................................26 Section 6.11 Cooperation...............................................26 Section 6.12 Execution and Delivery of Related Agreements..............26 Section 6.13 Use of Proceeds.........................................
Debt Refinancing. (a) Notwithstanding anything to the contrary in this Agreement or any Security Document:
(i) any of the Liabilities (or any other liabilities and obligations subject to the terms of this Agreement from time to time) may be refinanced, replaced, increased or otherwise restructured in whole or in part from time to time (including, without limitation, by way of the incurrence of Permitted Senior Financing Debt, Permitted Second Lien Financing Debt and/or Permitted Parent Financing Debt, the issue of additional Senior Notes and/or Senior Parent Notes or the establishment of new or additional Operating Facilities); and
(ii) any Priority Revolving Facility may become subject to and benefit from the provisions of this Agreement on terms as determined by the Parent (subject to the provisions of Schedule 4 (Priority Revolving Facility)), a "Debt Refinancing", in each case provided that the terms of that Debt Refinancing are not otherwise prohibited by the Debt Financing Agreements.
(b) Notwithstanding anything to the contrary in any Secured Debt Document, each Party shall be required to enter into any amendment to or replacement of the then current Secured Debt Documents (including for the purpose of reflecting the terms and ranking of any Debt Refinancing in the Secured Debt Documents A44420063 and/or any amendment required by the Parent pursuant to Clause 16.3 (Senior Facilities Refinancing)) and/or take such other action as is required by the Parent in order to facilitate any Debt Refinancing, including in relation to any changes to, the taking of, or the release coupled with the retaking of, any guarantee or Security, provided that the Security Agent shall not be required to execute a release of assets from any existing Transaction Security pursuant to this paragraph (b) unless the Parent has confirmed in writing to the Security Agent that it has determined in good faith (taking into account any applicable legal limitations and other relevant considerations in relation to the Debt Refinancing) that it is either not possible or not desirable to implement the Debt Refinancing on terms satisfactory to the Parent by instead granting additional Transaction Security and/or amending the terms of the existing Transaction Security. Each Agent and the Security Agent is irrevocably authorised and instructed by each Party (other than the Debtors), each Secured Party and each Primary Creditor to (unless such Party, Secured Party and/or Primary Creditor is required under app...
Debt Refinancing. (a) The Company shall use its reasonable best efforts to consummate the Senior Debt Refinancing on substantially the terms set forth in Exhibit G hereto.
(b) Prior to Closing, the Company shall (i) use its commercially reasonable efforts to cause the terms of the agreements to be entered into pursuant to the Senior Debt Refinancing, including any senior ranked revolving credit facility, to not prohibit the acquisition of debt securities, other than debt securities issued pursuant to the Senior Debt Refinancing, of the Company by the Investors and (ii) not enter into any agreement, other than the agreements referred to in clause (i), which would prohibit the acquisition of debt securities by the Investors.
Debt Refinancing. Immediately following the initial Borrowing on the Closing Date, the Debt Refinancing shall be consummated. Immediately following the consummation of the Transactions, neither the Borrower nor any of its Subsidiaries shall have any Indebtedness for borrowed money or preferred equity other than (a) the Initial Term Loan Facility, (b) the Revolving Credit Facility, (c) the Existing Notes, (d) the Senior Notes, (e) the Indebtedness of the Sheridan Acquired Business permitted to be incurred or outstanding by the Sheridan Acquisition Agreement and (f) other Indebtedness and preferred equity permitted pursuant to Section 10.1(h) (including working capital facilities, Capitalized Leases and Indebtedness incurred in the ordinary course of business).
Debt Refinancing. The Company shall use its reasonable best efforts to consummate the Senior Debt Refinancing on substantially the terms set forth in Exhibit G hereto.
Debt Refinancing. Holdings and Rhino shall have arranged for the refinancing of the outstanding debt under the Credit Facility on terms and conditions acceptable to Rhino and Rhino GP.
Debt Refinancing. The Company shall have completed a refinancing of its bank indebtedness on terms satisfactory to the Purchasers, or all conditions precedent to such completion, other than the consummation of the purchase of Units pursuant to this Agreement, shall have been satisfied.
Debt Refinancing. Lenders and FmHA or its successor agency under Public Law 103–354 must provide as part of their loan analysis the reasons for refinancing and the file must be documented accordingly. Refinancing debts may be allowed in connection with viable projects when it is deter- mined by the lender and FmHA or its successor agency under Public Law 103– 354 that it is necessary to create new or save existing jobs. FmHA or its suc- cessor agency under Public Law 103–354 will consider any lender’s exposure as it relates to this item and may adjust the guarantee percentage accordingly. Refinancing in accordance with this paragraph may be insured or xxxxxx- xxxx only when:
(i) It is necessary to spread substan- tial debt payment over a longer period of time thereby improving the busi- ness’ net cash flow and working capital position consistent with the useful life of the asset(s) being refinanced, or
(ii) For payment of short-term debt when required in situations custom- arily financed over long periods of time (e.g., financing the purchase of real es- xxxx, machinery, or equipment with short-term debt or cash expenditures, when lenders would not extend reason- able longer terms to the business), or
(iii) It is necessary to place a perma- nent loan subsequent to an interim loan for financing the construction of the project.
Debt Refinancing. The Operating Partnership ---------------- may refinance any existing Debt, provided that none of the following -------- are increased:
(i) the principal amount of any Debt or secured Debt, as the case may be, that is being refinanced or (ii) with respect to any secured Debt that is being refinanced, the amount of any collateral securing such secured Debt.
