Existing Debt Agreements Sample Clauses
Existing Debt Agreements. Schedule 3.21 lists, as of May 1, 2009, the aggregate principal amount outstanding under each of the Existing Debt Agreements. Prior to the Closing Date, Borrower shall prepare and deliver to Lender a revised Schedule 3.21 that lists, as of the Closing Date, (i) each exhibit, schedule, annex or other material attachment to the Existing Debt Agreements and (ii) each agreement or material certificate, instrument, letter or other document contemplated by the Existing Debt Agreements or any item referred to in clause (i) to be entered into, executed or delivered or to become effective in connection with the Existing Debt Agreements. Prior to the Closing Date, Borrower shall furnish Lender true and complete copies of each Existing Debt Agreement to the extent executed and delivered on or prior to the Closing Date.
Existing Debt Agreements. 13 Section 4.6 Conversion Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 4.7 Registration Rights Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 4.8 Legality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 4.9 Assignment of Private Placement Number . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 4.10 Proceedings, Instruments, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SECTION 5. EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Existing Debt Agreements. As of the date hereof, no Specified Debt Event of Default has occurred and is continuing.
Existing Debt Agreements collectively, (a) that certain Second Amended and Restated Credit Agreement dated as of December 16, 2016 between Hydrofarm and W▇▇▇▇ Fargo Bank, National Association, (b) the Real Estate Term Note, (c) that certain ISDA Master Agreement, dated as of December 10, 2010, between Hydrofarm and W▇▇▇▇ Fargo Bank, National Association, including all confirmations issued thereunder and all schedules thereto delivered in connection therewith prior to the date hereof, (d) that certain Continuing Guaranty, dated December 31, 2015, executed by Hydrofarm and guaranteeing the obligations of WJCO and (e) that certain Continuing Guaranty, dated September 1, 2007, executed by Hydrofarm and guaranteeing the obligations of M▇▇▇▇▇▇▇ Group, LLC, in each case, as amended or otherwise modified prior to the date hereof. Extraordinary Expenses : all costs, expenses or advances that Agent may incur during a Default or Event of Default, or during the pendency of an Insolvency Proceeding of an Obligor, including those relating to (a) any audit, inspection, repossession, storage, repair, appraisal, insurance, manufacture, preparation or advertising for sale, sale, collection, or other preservation of or realization upon any Collateral; (b) any action, arbitration or other proceeding (whether instituted by or against Agent, any Lender, any Obligor, any representative of creditors of an Obligor or any other Person) in any way relating to any Collateral (including the validity, perfection, priority or avoidability of Agent’s Liens with respect to any Collateral), Loan Documents, Letters of Credit or Obligations, including any lender liability or other Claims; (c) the exercise of any rights or remedies of Agent in, or the monitoring of, any Insolvency Proceeding; (d) settlement or satisfaction of taxes, charges or Liens with respect to any Collateral; (e) any Enforcement Action; and (f) negotiation and documentation of any modification, waiver, workout, restructuring or forbearance with respect to any Loan Documents or Obligations. Such costs, expenses and advances include transfer fees, Other Taxes, storage fees, insurance costs, permit fees, utility reservation and standby fees, legal fees, appraisal fees, brokers’ and auctioneers’ fees and commissions, accountants’ fees, environmental study fees, wages and salaries paid to employees of any Obligor or independent contractors in liquidating any Collateral, and travel expenses.
Existing Debt Agreements. Such Purchaser shall have received an Officer's Certificate of the Company attaching a fully executed copy each Existing Debt Agreement and certifying that such document is a true and complete copy thereof, and that neither the offer, issuance, sale or delivery of the Notes by the Company nor the execution, delivery or performance of this Agreement does or will conflict with or result in a breach of, or constitute a default under, such Existing Debt Agreements.
Existing Debt Agreements. The Company Group is as of the date hereof, and, after giving effect to the transactions contemplated hereby and by the Snap One Merger Agreement (including the Debt Financing and Equity Financing, as defined therein), as of immediately following the Closing and the Snap One Closing, shall be, in compliance in all material respects with the covenants, requirements, terms and conditions set forth in the Existing Debt Agreements. The Company has provided to Parent correct and complete copies of each Existing Indebtedness Agreement as in effect as of the date hereof.