Common use of Exit Financing Clause in Contracts

Exit Financing. All conditions precedent to closing the Exit Financing (other than any failure of a condition precedent due to the breach, action or inaction of Company) shall have been satisfied or waived and the Exit Financing shall have been consummated in accordance with the material terms contained in the Credit Agreements and the Senior Secured Notes Indenture; provided that the failure to consummate is not the result of the breach, action or inaction of Company.

Exit Financing. All conditions precedent to the closing of the Exit Financing (other than any failure of a condition precedent due to the breach, action or inaction of Company) shall have been satisfied or waived and the Exit Financing shall have been consummated in accordance with the material terms contained in the Credit Agreements and the Senior Secured Notes Indenture; provided that failure of this condition precedent shall not affect the failure to consummate is not the result obligations of the breachPurchaser under, action or inaction of Companythe terms of, Section 3.5(b)(ii) or Section 11.2(c).

Exit Financing. All conditions precedent to closing and initial borrowing under the Exit Financing (other than any failure the occurrence of a condition precedent due to the breach, action or inaction of CompanyEffective Date) shall have been satisfied or waived and the Exit Financing shall have been consummated in accordance with the material terms contained in the Credit Agreements Financing Commitment Letter and the Senior Secured Notes Indenture; provided that Exit Financing shall otherwise be reasonably satisfactory in form and substance to the failure to consummate is not the result of the breach, action or inaction of CompanyBuyer in all material respects.