Indebtedness to be Refinanced. Evidence satisfactory to the Agent acting reasonably that as at the Initial Borrowing Date:
(a) the Group shall have no outstanding Preferred Stock or Indebtedness other than:
(i) Parent Preference Shares A outstanding on 30 September 2003;
(ii) any outstanding Parent Preference Shares B issued after 30 September 2003 in accordance with the terms governing such Parent Preference Shares B as in effect on 30 September 2003;
(iii) Parent Preference Shares C outstanding on 30 September 2003;
(iv) Indebtedness pursuant to or in respect of any of the Finance Documents;
(v) Indebtedness of the Borrower and the Guarantors pursuant to the Senior Subordinated Notes or subordinated guarantees thereof in an aggregate not exceeding $350,000,000;
(vi) Senior Subordinated Convertible Bonds in an aggregate principal amount of €114,819,000;
(vii) approximately €85,000,000 of other existing Indebtedness (all of such Indebtedness as specifically listed as Third Party Existing Indebtedness in Section A (Third Party Existing Indebtedness) of Part II of Schedule 10 (Existing Indebtedness); and
(viii) intercompany Indebtedness between one or more of the Obligors (all of such Indebtedness as specifically listed as Intercompany Existing Indebtedness in Section B (Intercompany Existing Indebtedness) of Part II of Schedule 10 (Existing Indebtedness);
(i) the total commitments in respect of the Indebtedness to be Refinanced shall have been terminated, and all loans with respect thereto shall have been repaid in full, together with interest thereon, all letters of credit issued thereunder shall have been terminated (or, in the case of letters of credit issued pursuant to, or existing under, the Existing Credit Agreement and outstanding on the Initial Borrowing Date, assumed as Existing Documentary Credits) and all other amounts owing pursuant to the Indebtedness to be Refinanced shall have been repaid in full and all documents in respect of the Indebtedness to be Refinanced and all guarantees with respect thereto shall have been terminated (except as to indemnification provisions contained therein which by their express terms are intended to survive such termination and as are reasonably satisfactory to the Agent and the Instructing Group) and to be of no further force and effect; and
(ii) the creditors in respect of the Indebtedness to be Refinanced shall have terminated and released all security interests and Liens on the assets owned by the Parent and its Subsidiaries; and
(c) the ...
Indebtedness to be Refinanced. Failure to pay in full the Indebtedness to be Refinanced concurrently with the making of the initial Loan.
Indebtedness to be Refinanced. The obligations of Borrower under the Acquisition Instruments and all other indebtedness of Borrower identified on PART 2 of SCHEDULE X (herein called "Indebtedness to be Refinanced"), together with all interest accrued thereon and all prepayment premiums and other amounts payable in connection therewith, shall have been refinanced in full from the proceeds of the Loans and the Subordinated Loans and Lender shall have received (i) the certificate of the President or a Vice President of Borrower, dated the date of the initial Revolving Loan to such effect and to the further effect that an aggregate amount of no more than $1,000,000 was required to make such payments, (ii) a letter from each of the holders of the Indebtedness to be Refinanced setting forth in each case (x) the amount of principal and accrued interest thereon due such holder as of the date of such letter, (y) the per diem interest rate on unpaid principal thereunder as of such date, and (z) payment instructions relative to the payment of such Indebtedness to be Refinanced, and enclosing in escrow any and all Uniform Commercial Code termination statements, mortgage releases and releases of security interests in patents, trademarks and copyrights, in form and substance satisfactory to Lender, sufficient to terminate all Liens securing any of the Indebtedness to be Refinanced.
Indebtedness to be Refinanced. All Indebtedness of the Borrowers and their Subsidiaries outstanding immediately prior to the Closing Date shall either be repaid on the Closing Date or is permitted pursuant to Section 9.4.
Indebtedness to be Refinanced. FINOVA shall have received evidence that the Indebtedness to be Refinanced will be paid in full concurrently with the Closing.
Indebtedness to be Refinanced. There is set forth in Exhibit 5.5.9 a complete description of the Indebtedness to be Refinanced.
Indebtedness to be Refinanced all Indebtedness of Borrowed Money of Borrower to be paid concurrently with the Closing, as more particularly described on EXHIBIT 1.1(B).
Indebtedness to be Refinanced. On the Closing Date, Indebtedness will exist under the Existing Credit Agreements and 2019 Notes. Prior to or substantially concurrently with the release of the Escrow Property on the Acquisition Effective Date, the Refinancing Transactions shall be consummated.
Indebtedness to be Refinanced. Agent shall have received evidence that ----------------------------- all Indebtedness to be Refinanced has been repaid in full.
Indebtedness to be Refinanced. Agent shall have received evidence that the Indebtedness to be Refinanced in connection with the consummation of the acquisition of the Paging Business to be acquired by Borrower on the applicable Funding Date has been paid in full or will be paid in full on the applicable Funding Date.
