Existing Credit Documents Clause Samples
The 'Existing Credit Documents' clause defines and identifies all current loan agreements, credit facilities, or other financial arrangements that the borrower has in place prior to entering into the new agreement. This clause typically lists or references specific documents, such as prior loan contracts, security agreements, or guarantees, and may require the borrower to disclose any amendments or outstanding obligations related to these documents. Its core practical function is to ensure transparency regarding the borrower's existing financial commitments, allowing the lender to assess potential risks and avoid conflicts or breaches of prior agreements.
Existing Credit Documents. The Administrative Agent shall have received sufficient evidence satisfactory to it indicating that simultaneously with the making of the initial Advances hereunder, (i) the Existing Indebtedness (including, without limitation, any obligations of any Loan Party in respect of guaranties and security agreements executed in connection with such Existing Indebtedness) shall have been terminated, and (ii) acceptable provisions have been made for the termination of the Liens securing the same.
Existing Credit Documents. (i) As of the date of this Agreement, no “Default” or “Event of Default” (as such terms are defined in each of the Existing Credit Documents) has occurred and is continuing under any of the Existing Credit Documents; and (ii) as of immediately prior to the Closing, there shall be no “Default” or “Event of Default” (as such terms are defined in each of the Existing Credit Documents) that has occurred and is continuing under any of the Existing Credit Documents.
Existing Credit Documents. Schedule I is a list of the Existing Credit Documents (other than the Notes, if any) delivered to the Successor Agent as of the date hereof, and as of the date hereof there have been no amendments, supplements, waivers or consents to the Existing Credit Documents, of which the Borrower has knowledge or to which it is a party, except as set forth in Schedule I.
Existing Credit Documents. 5.10 GAAP..................................................................3.5 Government Antitrust Entity........................................5.4(a) Governmental Entity...................................................3.4
Existing Credit Documents. Each of the Existing Credit Parties hereby acknowledges, confirms and agrees that: (a) the Existing Indebtedness Documents have been duly executed and delivered by such Existing Credit Parties and are in full force and effect as of the date hereof, (b) the agreements and obligations of such Existing Credit Parties contained in the Existing Indebtedness Documents constitute the legal, valid and binding obligations of each of the Existing Credit Parties, as the case may be, enforceable against such Existing Credit Party, in accordance with their respective terms and no Existing Credit Party has a valid defense to the enforcement of such obligations, (c) Administrative Agent, Collateral Agent and Lenders are entitled to all of the rights and remedies provided for in or arising pursuant to the Existing Indebtedness Documents except to the extent that such Existing Indebtedness Documents have been amended and restated hereby, and (d) no action or omission by any Existing Credit Party in respect of the Existing Indebtedness Documents prior to the date hereof and no representation and warranty deemed made in respect of such Existing Credit Agreement pursuant to any request for Loans or Letters of Credit under the Existing Credit Agreement by any of the Existing Credit Parties prior to the date hereof shall be deemed the basis for any Default or Event of Default or the exercise of any remedies under this Agreement after the date hereof.
Existing Credit Documents. Each of the Existing Credit Parties hereby acknowledges, confirms and agrees that: (a) the Existing Indebtedness Documents have been duly executed and delivered by such Existing Credit Parties and are in full force and effect as of the date hereof, (b) the agreements and obligations of such Existing Credit Parties contained in the Existing Indebtedness Documents constitute the legal, valid and binding obligations of each of the Existing Credit Parties, as the case may be, enforceable against such Existing Credit Party, in accordance with their respective terms and no Existing Credit Party has a valid defense to the enforcement of such obligations, (c) Agent and Lenders are entitled to all of the
Existing Credit Documents. The Company will use reasonable efforts to assist Parent to negotiate and to enter into arrangements with (i) First Security Bank, N.A. and Zions First National Bank and the other lenders party to the Loan Agreement with the Company dated as of April 15, 1999 (the "Primary Loan Agreement") and (ii) First Security Bank, N.A. and Zions First National Bank as parties to the Loan Agreement with the Company referenced in Section 5.1 of the Disclosure Schedule (the "Supplemental Loan Agreement"), which arrangements will permit the Company to terminate, on and as of the Closing Date, the Primary Loan Agreement, the Supplemental Loan Agreement and all related loan documentation (collectively, the "Existing Credit Documents"), upon payment in full of all obligations of the Company thereunder as of the Closing Date, without any requirement that the Company deliver irrevocable prior notices of termination under the Existing Credit Documents or to make any payment with respect to the Existing Credit Documents except upon the occurrence of the Merger.
Existing Credit Documents. On or prior to the Closing Date, the Borrower shall have delivered a certified copy of all Senior Credit Documents and documents related to any existing Junior Financing to the Administrative Agent, and there shall be no default or event of default thereunder and the Borrower shall certify that such facilities have sufficient availability thereunder to pay Project Costs contemplated to be paid thereby under the Construction Budget and Schedule.
Existing Credit Documents. The Company will use reasonable efforts to (i) assist Parent to negotiate, and (ii) to enter into, an arrangement with The Bank of Nova Scotia and the other lenders party to the Credit Agreement, dated as of May 8, 1997, and with the financial institutions and other parties party to the Participation and Credit Agreement dated as of May 8, 1997, which arrangements will permit the Company to terminate, on and as of the Closing Date, such agreements and all related loan and lease documentation (collectively, the "Existing Credit Documents"), upon payment in full of all obligations of the Company thereunder, without any requirement that the Company deliver irrevocable prior notices of termination under the Existing Credit Documents or to make any payment with respect to the Existing Credit Documents except upon the occurrence of the Merger.
Existing Credit Documents. Except as modified in connection with this Agreement, all of the terms and conditions of the Credit Documents remain in full and effect, and the Credit Parties hereby ratify and confirm all and singular, the terms and conditions thereof, and the warranties and representations set forth therein. Any and all collateral granted to the Agent for the ratable benefit of the Lenders continues to secure the Obligations as amended and restated by this Agreement.