Existing Financings Sample Clauses

Existing Financings. (a) This Lease is subject and subordinate to any deeds of trust or other security instruments which, as of the date of this Lease, cover the Building, the underlying land, or any interest of Landlord therein, and to any advances made on the security thereof, and to any increases, renewals, modifications, consolidations, and extensions of any of such deeds of trust or security instruments (the "EXISTING Indebtedness"). Landlord agrees to provide notice to Tenant of such deeds of trust or other security instruments covering the Building. This provision is declared by Landlord and Tenant to be self-operative and no further instrument shall be required to effect such subordination of this Lease. Upon demand, however, Tenant shall execute, acknowledge, and deliver to Landlord any further instruments and certificates evidencing such subordination as Landlord, or the holder of the Existing Indebtedness may reasonably require. (b) Landlord agrees to obtain from the holder of the Existing Indebtedness a Subordination, Non-Disturbance and Attornment Agreement, in form attached hereto as EXHIBIT "F" (and by this reference incorporated herein), which provides that, in the event of a foreclosure or a transfer in lieu thereof, Tenant will not be disturbed in its possession and this Lease shall, notwithstanding the foreclosure or transfer in lieu thereof, continue in full force and effect upon and subject to all terms, covenants, conditions, and obligations of this Lease so long as (i) no Default has occurred on the part of Tenant under this Lease and (ii) Tenant attorns to the purchaser or transferee as landlord under this Lease. Landlord agrees to use good faith efforts to obtain revisions reasonably requested by Tenant to the Subordination, Non-Disturbance and Attornment Agreement from the lender of the Existing Indebtedness.
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Existing Financings. (i) The Wxxxx Fargo Facility shall be terminated; (ii) all loans and obligations of the Borrowers with respect to the Wxxxx Fargo Facility or any other secured financing facility shall be paid or satisfied in full utilizing the proceeds of the initial Revolving Loans to be made under this Agreement; (iii) all of Wxxxx Fargo’s or any other secured creditor’s commitments to lend or make other extensions of credit shall be terminated; (iv) Agent shall have received all documents or instruments necessary to release and/or terminate all security interests and liens securing indebtedness evidenced by any other financing facility, including, but not limited to, the Wxxxx Fargo Facility; (v) Borrowers shall have made arrangements satisfactory to Agent in its sole discretion to cancel any letters of credit outstanding under the Wxxxx Fargo Facility or under another secured credit facility; and (vi) Agent shall have been authorized by Wxxxx Fargo or any other secured creditor to terminate and/or release all liens and security interests in favor of Wxxxx Fargo in connection with the Wxxxx Fargo Facility or of any such secured creditor.
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Existing Financings. This Lease is subject and subordinate to any deeds of trust or other security instruments which, as of the date of this Lease, cover the Building, the underlying land, or any interest of Landlord therein, and to any advances made on the security thereof, and to any increases, renewals, modifications, consolidations, and extensions of any of such deeds of trust or security instruments (the "EXISTING INDEBTEDNESS"). Landlord agrees to provide notice to Tenant of such deeds of trust or other security instruments covering the Building. This provision is declared by Landlord and Tenant to be self-operative and no further instrument shall be required to effect such subordination of this Lease. Upon demand, however, Tenant shall execute, acknowledge, and deliver to Landlord any further instruments and certificates evidencing such subordination as Landlord, or the holder of the Existing Indebtedness may reasonably require.
Sample 1
Existing Financings. Section 3.32 of the Company Disclosure Letter lists each loan document (together with any amendments and guarantees related thereto, the "Existing Financing Documents") with respect to any outstanding loans to the Company or any Subsidiary by any Person other than the Company or any Subsidiary (collectively, the "Existing Financings"). True and correct copies of all of the Existing Financing Documents have been made available to Parent. Each Existing Financing Document is valid, binding and enforceable as against the Company or Subsidiary party thereto in accordance with its terms and is in full force and effect. The Company is not in default under any of the Existing Financings and no event has occurred that, but for the passage of time or giving of notice, or both, would constitute a default under the Existing Financing Documents. There are no obligations of the Company with respect to the Existing Financings, contingent or otherwise, owing to any lender nor in favor of any other person or entity that are entitled to the security of or any other benefit of any of the Existing Financing Documents other than the obligations under the Existing Financing Documents. There has been no alteration, termination, amendment, or waiver of any provision of any of the Existing Financing Documents. As of the date of this Agreement, the outstanding principal amount of each Existing Financing is set forth on Section 3.32 of the Company Disclosure Letter.
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Existing Financings. Alter, terminate, amend, waive any provision of any of the Existing Financing Documents or make any payment, or agree to make any payment, in connection with the waiver by any other party of any provision of any of the Existing Financing Documents; or
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Existing Financings. (i) The Indebtedness owing by Borrower pursuant to those certain subordinated notes set forth on Schedule I shall be paid or satisfied in full and the note documents governing same, and all commitments to lend or make other extensions of credit thereunder, shall be terminated; (ii) all loans and obligations of Borrower with respect to any
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Existing Financings. (i) all loans and obligations of any Borrower with respect to any financing facility (other than any financing facility that would otherwise be permitted pursuant to Section 7.8 hereof with respect to Capital Expenditures) of any Borrower (each an “Existing Financing Facility”) shall be terminated or paid or satisfied in full utilizing the proceeds of the Advances, (ii) each creditor’s commitments to lend or make other extensions of credit under the Existing Financing Facilities shall be terminated; (iii) Agent shall have received all documents or instruments necessary to release and/or terminate all security interests and liens securing indebtedness evidenced by the Existing Financing Facilities; (iv) Borrowers shall have made arrangements satisfactory to Agent in its sole discretion to cancel any letters of credit outstanding under any of the Existing Financing Facilities; and (v) Agent shall have been authorized by all creditors to terminate and/or release all liens and security interests in favor of such creditor in connection with the Existing Financing Facilities; and
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Existing Financings. The Administrative Agent shall have received evidence, in form and substance satisfactory to the Administrative Agent, that the Existing Financings have been or concurrently with the Closing Date is being terminated and all Liens securing the Existing Financings have been or concurrently with the Closing Date are being released.
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Related to Existing Financings

  • Refinancings The First Lien Obligations of any Series may be Refinanced, in whole or in part, in each case, without notice to, or the consent (except to the extent a consent is otherwise required to permit the Refinancing transaction under any Secured Credit Document) of any First Lien Secured Party of any other Series, all without affecting the priorities provided for herein or the other provisions hereof; provided that the Authorized Representative of the holders of any such Refinancing indebtedness shall have executed a Joinder Agreement on behalf of the holders of such Refinancing indebtedness.

  • Financings There are no other financings currently pending or contemplated by the Company.

  • Subsequent Financings Notwithstanding anything contained herein, if at any time while this Note is outstanding the Company enters into any capital raising transaction, including without limitation an equity line transaction, a loan transaction or the sale of shares of Common Stock or securities convertible into or exercisable or exchangeable for Common Stock, whether or not permitted under the Transaction Documents (“Subsequent Financing”), then following the closing of each such Subsequent Financing the Holder in its sole and absolute discretion may compel the Company to redeem up to the entire outstanding balance of the Note from the gross proceeds therefrom (“Redemption Amount”), provided however (a) if the Holder is holding other convertible notes similar to this Note whether issued prior or after the Issue Date of this Note (collectively with this Note, the “Notes”), the Redemption Amount may be applied to redeem any or all of the Notes specified by the Holder, (b) the Holder shall be notified in writing of the closing of each such Subsequent Financing within one (1) day following such closing, and (c) the Holder may elect not to exercise its right to such redemption in whole or in part, in which case the Company may not redeem any Notes in connection with such Subsequent Financing to the extent so rejected (for clarification, if the holder elects to reject any redemption in any instance, such rejection shall not affect the Holder’s redemption rights hereunder in the future). Further, in the event that the Holder demands redemption of a portion or the full balance of the Note within the first six (6) months from Note’s Issue Date, such Redemption Amount shall subject to then then applicable Prepayment Factor, as defined in the Note shall be applied). To the extent the Company is obligated to redeem any portion of the Notes pursuant to this Section but fails to do so, such default shall constitute an Event of Default under all the Notes.

  • Existing Indebtedness; Future Liens (a) Except as described therein, as of June 30, 2013, Schedule 6.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries (including a description of the obligors and obligees, principal amount outstanding, available financing and collateral therefor, if any, and Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of such Indebtedness. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment. (b) Except as disclosed in Schedule 6.15, neither the Company nor any Subsidiary has agreed or consented to cause or permit any of its property, whether now owned or hereafter acquired, to be subject to a Lien, or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien, not permitted by Section 11.7. (c) Neither the Company nor any Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 6.15.

  • Future Financings The Company agrees that neither it, nor any successor or subsidiary of the Company, will consummate any public or private equity or debt financing prior to the consummation of a Business Combination, unless all investors in such financing expressly waive, in writing, any rights in or claims against the Trust Account.

  • Existing Indebtedness (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of the Closing Date after giving effect to the Acquisition (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company. The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company and no event or condition exists with respect to any Indebtedness of the Company that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment. (b) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 5.15 and as provided in the Mortgage.

  • Refinancing Facilities (a) On one or more occasions after the Effective Date, the Borrower may obtain, from any Lender or any other bank, financial institution or other institutional lender or investor that agrees to provide any portion of Refinancing Term Loans pursuant to a Refinancing Amendment in accordance with this Section 2.22 (each, an “Additional Refinancing Lender”) (provided that the Administrative Agent shall have consented (such consent not to be unreasonably withheld, conditioned or delayed) to such Lender’s or Additional Refinancing Lender’s making such Refinancing Term Loans to the extent such consent, if any, would be required under Section 9.04(b) for, and to the extent that such Additional Refinancing Lender is a Purchasing Borrower Party or an Affiliated Lender, the requirements of Section 9.04(g) and 9.04(f), respectively, shall be satisfied as if such Refinancing Term Loan were, an assignment of Term Loans to such Lender or Additional Refinancing Lender), Credit Agreement Refinancing Indebtedness in respect of all or any portion of Term Loans then outstanding under this Agreement, in the form of Refinancing Term Loans or Refinancing Term Commitments pursuant to a Refinancing Amendment; provided that no Lender is obligated hereunder to provide such Credit Agreement Refinancing Indebtedness. (b) The effectiveness of any Refinancing Amendment shall be subject to the satisfaction on the date thereof of each of the conditions set forth in Section 4.02 and, to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (i) customary legal opinions, board resolutions and officers’ certificates consistent with those delivered on the Effective Date other than changes to such legal opinion resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (ii) reaffirmation agreements and/or such amendments to the Security Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Credit Agreement Refinancing Indebtedness is provided with the benefit of the applicable Loan Documents. (c) Each issuance of Credit Agreement Refinancing Indebtedness under Section 2.22(a) shall be in an aggregate principal amount that is (x) not less than $50,000,000 and (y) an integral multiple of $10,000,000 in excess thereof. (d) Each of the parties hereto hereby agrees that this Agreement and the other Loan Documents may be amended pursuant to a Refinancing Amendment, without the consent of any other Lenders, to the extent (but only to the extent) necessary to (i) reflect the existence and terms of the Credit Agreement Refinancing Indebtedness incurred pursuant thereto and (ii) effect such other amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent and the Borrower, to effect the provisions of this Section 2.22, including any amendments necessary to treat the applicable Loans and/or Commitments established under the Refinancing Amendment as a new Class of Loans and/or Commitments hereunder, and the Lenders hereby expressly authorize the Administrative Agent to enter into any such Refinancing Amendment. (e) This Section 2.22 shall supersede any provisions in Section 2.17 or Section 9.02 to the contrary solely to the extent provided in this Section 2.22.

  • 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.

  • Bridge Financing The Company shall use its reasonable best efforts to take, or cause to be taken, all actions and do or cause to be done, and to assist and cooperate with the other parties in doing, all things necessary, proper or advisable to obtain no later than October 30, 2004 a commitment letter (the “Bridge Financing Commitment Letter”) expiring no earlier than January 30, 2005, from a reputable financial institution in substantially the same form and substance as Exhibit F attached hereto, to provide financing on terms and conditions no less favorable than those described on Exhibit F attached hereto.

  • Extended Contracts The building principal will assume responsibility for supervision of extended contract days as per the agreement. Teachers working on extended contracts will receive pay for working beyond the normal teaching contract (summer months) at the following rate: Amount paid for: Daily Contract Rate times # of days extended contract = compensation amount. The following will be extended contract positions: A+ Coordinators 7 days per person High School Counselors 7 days per person Middle School Counselors 5 days per person High School Librarians 4 days/per school Middle School Librarians 4 days/per school Elementary Librarians 3 days/per school Elementary Counselors 3 days/per person

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