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.
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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
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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.
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Existing Debt Agreements collectively, (a) that certain Second Amended and Restated Credit Agreement dated as of December 16, 2016 between Hydrofarm and Wxxxx 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 Wxxxx 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 MxXxxxxx 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.
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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.
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Related to Existing Debt Agreements

  • Subordinated Debt Documents Subject to Section 10.6(m), the failure of any Loan Party to comply with the terms of any intercreditor agreement or any subordination provisions of any note or other document running to the benefit of the Administrative Agent or Lenders, or if any such document becomes null and void or unenforceable against any lender holding the Subordinated Debt.

  • Existing Debt Set forth on Schedule 4.01(n) hereto is a complete and accurate list of all Existing Debt, showing as of the date hereof the obligor and the principal amount outstanding thereunder, the maturity date thereof and the amortization schedule therefor.

  • Subordination Agreements Subordination Agreements with respect to all Subordinated Debt.

  • Existing Debt; Future Liens (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Debt of the Company and its Subsidiaries as of December 31, 1997, since which date there has been no material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Debt of the Company and its Subsidiaries except as described in Schedule 5.15. Neither the Company nor any of its Subsidiaries is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Debt of the Company or such Subsidiary and no event or condition exists with respect to any Debt of the Company or such Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Debt to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

  • Senior Loan Documents Borrower represents and warrants that it has provided PFG with true and complete copies of all existing Senior Loan Documents, and Borrower covenants that it will, in the future, provide PFG with true and complete copies of any future Senior Loan Documents, including without limitation any amendments to any existing Senior Loan Documents.

  • Debt and Guaranty Obligations Schedule 7.1(t) is a complete and correct listing of all Debt and Guaranty Obligations of the Borrower and its Subsidiaries as of the Closing Date in excess of $1,000,000. The Borrower and its Subsidiaries have performed and are in compliance in all material respects with all of the terms of such Debt and Guaranty Obligations and all instruments and agreements relating thereto, and no default or event of default, or event or condition which with notice or lapse of time or both would constitute such a default or event of default on the part of the Borrower or any of its Subsidiaries exists with respect to any such Debt or Guaranty Obligation.

  • Indebtedness and Guaranty Obligations Create, incur or assume any Indebtedness or Guaranty Obligation except:

  • Indebtedness and Guaranties Incur any indebtedness for borrowed money other than in the ordinary course of business consistent with past practice with a term not in excess of one year; or incur, assume or become subject to, whether directly or by way of any guarantee or otherwise, any obligations or liabilities (absolute, accrued, contingent or otherwise) of any other person or entity, other than the issuance of letters of credit in the ordinary course of business and in accordance with the restrictions set forth in Section 5.2(r).

  • Other Financing Documents In addition to the Financing Documents to be delivered by the Borrower, the Lender shall have received the Financing Documents duly executed and delivered by Persons other than the Borrower.

  • Loan Agreements Notwithstanding any term hereof (or any term of the UCC that might otherwise be construed to be applicable to a “securities intermediary” as defined in the UCC) to the contrary, none of the Collateral Agent, the Collateral Custodian nor any securities intermediary shall be under any duty or obligation in connection with the acquisition by the Borrower, or the grant by the Borrower to the Collateral Agent, of any Loan Asset in the nature of a loan or a participation in a loan to examine or evaluate the sufficiency of the documents or instruments delivered to it by or on behalf of the Borrower under the related Loan Agreements, or otherwise to examine the Loan Agreements, in order to determine or compel compliance with any applicable requirements of or restrictions on transfer (including without limitation any necessary consents). The Collateral Custodian shall hold any Instrument delivered to it evidencing any Loan Asset granted to the Collateral Agent hereunder as custodial agent for the Collateral Agent in accordance with the terms of this Agreement.

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