Existing Indebtedness of the Loan Parties. All of the existing Indebtedness for borrowed money of the Borrower and its Subsidiaries (other than Indebtedness permitted to exist pursuant to Section 7.02) shall be repaid in full and all security interests related thereto shall be terminated on or prior to the Closing Date.
Existing Indebtedness of the Loan Parties. The Administrative Agent shall have received a customary payoff letter with respect to, and evidence (reasonably satisfactory to the Administrative Agent) that, all Indebtedness of the Borrower and its Restricted Subsidiaries under the Existing Credit Agreement shall be repaid in full and all security interests related thereto shall be terminated on or prior to the Closing Date and the Administrative Agent.
Existing Indebtedness of the Loan Parties. All of the existing Indebtedness for borrowed money of the Borrower and its Subsidiaries (other than Indebtedness permitted to exist pursuant to Section 7.03) shall be repaid in full.
Existing Indebtedness of the Loan Parties. All of the existing Indebtedness under that certain Xxxxxxx and Restated Credit Agreement, dated as of December 21, 2017 (as in effect immediately prior to the Closing Date), by and among certain of the Loan Parties, the lenders party thereto and Silicon Valley Bank, as administrative agent, shall be repaid in full and all security interests related thereto shall be terminated on or prior to the Closing Date, as evidenced by a payoff letter reasonably satisfactory to the Administrative Agent (collectively, the “Closing Date Refinancing”).
Existing Indebtedness of the Loan Parties. The Administrative Agent and the Lenders shall be satisfied that there is no outstanding Indebtedness for borrowed money of each Borrower and its Subsidiaries (other than Indebtedness permitted to exist pursuant to Section 7.02).
Existing Indebtedness of the Loan Parties. (i) (i) That certain Amended and Restated Credit Agreement, dated as of February 20, 2015, by and among the Borrower, Bank of America, N.A., in the capacities specified therein, the other “Lenders” party thereto, and Wxxxx Fargo Bank, N.A., in the capacities specified therein, shall be terminated (other than those provisions that expressly survive the termination thereof) and repaid in full.
Existing Indebtedness of the Loan Parties. The Term Principal Debt under, and as defined in, the Restated Credit Agreement, other than as to the Third Term Loan thereunder, shall be repaid in full on the Closing Date with a Revolving Loan hereunder, and all of the other existing Indebtedness for borrowed money of the Borrower and its Subsidiaries (other than Indebtedness permitted to exist pursuant to Section 7.02) shall be repaid in full and all security interests related thereto shall be terminated on or prior to the Closing Date. The Borrower shall deliver, or cause to be delivered, to the Administrative Agent a payoff letter executed by Xxxxx Fargo Bank, National Association in Proper Form in connection with the existing Indebtedness of Chusei. The Borrower shall also deliver, or cause to be delivered, to the Administrative Agent the form of any releases in Proper Form necessary to release any collateral of any kind or character given as security for the obligation of Chusei to Xxxxx Fargo Bank, National Association under such Indebtedness and the documents executed in connection therewith.
Existing Indebtedness of the Loan Parties. (i) All of the existing Indebtedness for borrowed money of the Borrower and its Subsidiaries (other than Indebtedness permitted to exist pursuant to Section 7.02) shall be repaid in full and all Liens and other security interests related thereto and all Liens and other security interests upon Morbark securing Indebtedness of the Sellers shall be terminated on or prior to the Closing Date. (ii) All amounts required to be repaid on the Closing Date pursuant to Section 11.22 with respect to the Existing Credit Agreement shall be repaid in full. 77
Existing Indebtedness of the Loan Parties. All of the existing Indebtedness for borrowed money of the Borrower and its Subsidiaries (after giving effect to the Transaction) set forth on Schedule 4.01(k) shall (or concurrently with the initial Credit Extension) be repaid in full and all security interests related thereto shall be terminated on or prior to the Closing Date.
Existing Indebtedness of the Loan Parties. All of the existing Indebtedness for borrowed money of the Borrower and its Subsidiaries (other than Indebtedness permitted to exist pursuant to Section 7.02) shall be repaid in full and all security interests related thereto shall be terminated on or prior to the Closing Date. Without limiting the generality of the foregoing, the Administrative Agent shall have received a payoff letter from the agent under the Existing Credit Agreement reasonably satisfactory in form and substance to the Administrative Agent evidencing that the Existing Credit Agreement has been or concurrently with the Closing Date is being terminated, all obligations thereunder are being paid in full, and all Liens securing obligations under the Existing Credit Agreement have been or concurrently with the Closing Date are being released. (m) Existing L/C Facility Documents; Existing Reimbursement Facility Documents. To the extent required by the L/C Transition Schedule to occur on or prior to the Closing Date, (i) the Existing L/Cs shall be returned undrawn to the issuer thereof and the related cash collateral returned to the provider(s) thereof, and (ii) the Borrower shall have provided Specified Cash Collateral in accordance with Section 2.14. The Administrative Agent shall have received the PNC Payoff Letter relating to the Existing L/C Facility Documents and the Existing Reimbursement Facility Documents, in form and substance reasonably satisfactory to the Administrative Agent, which PNC Payoff Letter shall, among other things, provide that the Liens encumbering assets of the Loan Parties securing the Existing L/C Facility Obligations shall be terminated as of the Closing Date and the Liens securing the Existing Reimbursement Facility Obligations shall be subject to the Intercreditor Agreement (and, to the extent encumbering Revolving Loan Priority Collateral, are junior and subordinate to the Liens securing the Obligations) as set forth in the Intercreditor Agreement and include agreements that (i) no new letters of credit shall be issued under the Existing L/C Facility Documents after the Closing Date, (ii) no amendments, extensions or other modifications of any Existing L/C shall be permitted except with the prior written consent of the Administrative Agent, (iii) the Existing L/C Issuer shall not maintain, at any time, Pledged Cash Collateral (as defined in the Existing L/C Facility Agreement) in excess of 105% of the Dollar Equivalent of the
