Issuance of Debt. On the first Business Day following receipt by Borrower or any of its Restricted Subsidiaries of any cash proceeds from the incurrence of any Indebtedness of Borrower or any of its Restricted Subsidiaries (other than with respect to Indebtedness permitted to be incurred pursuant to Section 7.03 but including Permitted Refinancing Indebtedness in respect of the Term Loans), Borrower shall prepay the Loans as specified in Section 2.05(k) below in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.
Appears in 3 contracts
Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)
Issuance of Debt. On the first Business Day following receipt by Borrower or any of its Restricted Subsidiaries of any cash proceeds from the incurrence of any Indebtedness of Borrower or any of its Restricted Subsidiaries (other than with respect to Indebtedness permitted to be incurred pursuant to Section 7.03 but including Permitted Refinancing Indebtedness in respect of the Term Loans), Borrower shall prepay the Term Loans as specified in Section 2.05(k) below in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.
Appears in 3 contracts
Samples: Credit Agreement (Contura Energy, Inc.), Credit Agreement (Contura Energy, Inc.), Credit Agreement (Peabody Energy Corp)
Issuance of Debt. On No later than the first Business Day following the date of receipt by Borrower or any of its Restricted Subsidiaries of any cash Cash proceeds from the incurrence of any Indebtedness of Borrower or any of its Restricted Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 7.03 but including Permitted Refinancing Indebtedness in respect of the Term Loans6.1), Borrower shall prepay the Loans and/or the Revolving Commitments shall be permanently reduced as specified set forth in Section 2.05(k2.15(b) below in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
Issuance of Debt. On the first Business Day following receipt by Borrower or any of its Restricted Subsidiaries of any cash proceeds from the incurrence of any Indebtedness of Borrower or any of its Restricted Subsidiaries (other than with respect to Indebtedness permitted to be incurred pursuant to Section 7.03 but including Permitted Refinancing Indebtedness in respect of the Tranche A Term Loans), Borrower shall prepay the Tranche A Term Loans as specified in Section 2.05(k) below in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.
Appears in 1 contract
Samples: Credit and Guaranty Agreement
Issuance of Debt. On Subject to the terms of the Intercreditor Agreement and Section 2.14(h), no later than the first Business Day following the date of receipt by Borrower or any of its Restricted Subsidiaries of any cash Cash proceeds from the incurrence of any Indebtedness of Borrower or any of its Restricted Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 7.03 but including Permitted Refinancing Indebtedness in respect of the Term Loans6.1), Borrower shall prepay the Loans as specified set forth in Section 2.05(k2.15(b) below in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.
Appears in 1 contract
Samples: Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
Issuance of Debt. On the first Business Day following receipt by Borrower the Borrowers or any of its Restricted Subsidiaries of any cash proceeds from the incurrence of any Indebtedness of Borrower the Borrowers or any of its Restricted Subsidiaries (other than with respect to Indebtedness permitted to be incurred pursuant to Section 7.03 but 7.03, including Permitted Refinancing Indebtedness in respect of the Term Loans), Borrower the Borrowers shall prepay the Loans as specified in Section 2.05(k) below in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.
Appears in 1 contract
Issuance of Debt. On the first Business Day following receipt by Borrower or any of its Restricted Subsidiaries of any cash proceeds from the incurrence of any Indebtedness of Borrower or any of its Restricted Subsidiaries (other than with respect to Indebtedness permitted to be incurred pursuant to Section 7.03 but including Permitted Refinancing Indebtedness in respect of the Term Loans), Borrower shall prepay the Term Loans as specified in Section 2.05(k) below in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.
Appears in 1 contract
Issuance of Debt. On No later than the first Business Day following the date of receipt by Borrower Holdings or any of its Restricted Subsidiaries of any cash Cash proceeds from the incurrence of any Indebtedness of Borrower Holdings or any of its Restricted Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 7.03 6.1, but expressly including Permitted Refinancing Indebtedness in respect the proceeds of the Term Loansany sale and leaseback pursuant to Section 6.11), Borrower the Company shall prepay the Term Loans as specified set forth in Section 2.05(k2.16(b) below in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, payable to a Person that is not Holdings or its Subsidiaries, including reasonable legal fees and expenses.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Easton-Bell Sports, Inc.)
Issuance of Debt. On the first Business Day following after the date of receipt by Borrower Holdings or any of its Restricted Subsidiaries of any cash Cash proceeds from the incurrence of any Indebtedness of Borrower Holdings or any of its Restricted Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 7.03 but 6.1, including Permitted Refinancing any refinancing of Indebtedness in respect of the Term Loanspermitted by Section 6.1(k)), Borrower shall prepay the Loans and/or the Revolving Loans as specified set forth in Section 2.05(k2.15(b) below in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.
Appears in 1 contract