Most Favored Lender. If the Borrower or any Subsidiary enters into, amends or modifies documents evidencing or governing Debt (other than (i) Debt permitted under Section 5.2.12 (Permitted Financial Debt), (ii) Debt incurred under convertible note instruments issued in connection with equity fundraising, (iii) Debt extended to a Subsidiary of the Borrower by the Borrower or another Subsidiary of the Borrower, or (iv) if a SPAC Transaction is consummated, Debt extended to the Borrower or a Subsidiary of the Borrower by the Borrower’s holding company) to which the Borrower or any Subsidiary is bound that contain, or are amended and modified to contain: (a) any covenant, event of default or remedy that is not provided for in this Agreement or any other Financing Document, or (b) any covenant or Event of Default that is more restrictive than the same or similar covenant or event of default provided in this Agreement or any other Financing Document (any or all of the foregoing, collectively, “Most Favored Lender Provisions”), the Borrower shall, at BlaO’s option and promptly upon request, execute an amendment to this Agreement, in form and substance satisfactory to BlaO, to include such Most Favored Lender Provisions.
Appears in 2 contracts
Samples: Loan Agreement (Merqueo Holdings), Loan Agreement (Merqueo Holdings)
Most Favored Lender. If the Borrower or any Subsidiary enters into, amends or modifies documents evidencing or governing Debt (other than (i) Debt permitted under Section 5.2.12 (Permitted Financial Debt), (ii) Debt incurred under convertible note instruments issued in connection with equity fundraising, (iii) Debt extended to a Subsidiary of the Borrower by the Borrower or another Subsidiary of the Borrower, or (iv) if a SPAC Transaction is consummated, Debt extended to the Borrower or a Subsidiary of the Borrower by the Borrower’s holding company) to which the Borrower or any Subsidiary is bound that contain, or are amended and modified to contain: (a) any covenant, event of default or remedy that is not provided for in this Agreement or any other Financing Document, or (b) any covenant or Event of Default that is more restrictive than the same or similar covenant or event of default provided in this Agreement or any other Financing Document (any or all of the foregoing, collectively, “Most Favored Lender Provisions”Provisions “), the Borrower shall, at BlaOIDB Invest’s option and promptly upon request, execute an amendment to this Agreement, in form and substance satisfactory to BlaOIDB Invest, to include such Most Favored Lender Provisions.. CONFIDENTIAL
Appears in 2 contracts
Samples: Loan Agreement (Merqueo Holdings), Loan Agreement (Merqueo Holdings)
Most Favored Lender. If the Borrower or any Subsidiary enters into, amends or modifies documents evidencing or governing Debt (other than (i) Debt permitted under Section 5.2.12 (Permitted Financial Debt), (ii) Debt incurred under convertible note instruments issued in connection with equity fundraising, (iii) Debt extended to a Subsidiary of the Borrower by the Borrower or another Subsidiary of the Borrower, or (iv) if a SPAC Transaction or the 2022 Reorganization is consummated, Debt extended to the Borrower or a Subsidiary of the Borrower by the Borrower’s holding companycompanies) to which the Borrower or any Subsidiary is bound that contain, or are amended and modified to contain: (a) any covenant, event of default or remedy that is not provided for in this Agreement or any other Financing Document, or (b) any covenant or Event of Default that is more restrictive than the same or similar covenant or event of default provided in this Agreement or any other Financing Document (any or all of the foregoing, collectively, “Most Favored Lender Provisions”), the Borrower shall, at BlaOIDB Invest’s option and promptly upon request, execute an amendment to this Agreement, in form and substance satisfactory to BlaOIDB Invest, to include such Most Favored Lender Provisions.”.
2.3 Section 5.2.2 (No Liens) shall be amended and restated in its entirety to read as follows:
Appears in 1 contract
Samples: Amendment No. 1 and Undertaking Agreement (Merqueo Holdings)
Most Favored Lender. If the Borrower or any Subsidiary enters into, amends or modifies documents evidencing or governing Debt (other than (i) Debt permitted under Section 5.2.12 (Permitted Financial Debt), (ii) Debt incurred under convertible note instruments issued in connection with equity fundraising, (iii) Debt extended to a Subsidiary of the Borrower by the Borrower or another Subsidiary of the Borrower, or (iv) if a SPAC Transaction or the 2022 Reorganization is consummated, Debt extended to the Borrower or a Subsidiary of the Borrower by the Borrower’s holding companycompanies) to which the Borrower or any Subsidiary is bound that contain, or are amended and modified to contain: (a) any covenant, event of default or remedy that is not provided for in this Agreement or any other Financing Document, or (b) any covenant or Event of Default that is more restrictive than the same or similar covenant or event of default provided in this Agreement or any other Financing Document (any or all of the foregoing, collectively, “Most Favored Lender Provisions”), the Borrower shall, at BlaO’s option and promptly upon request, execute an amendment to this Agreement, in form and substance satisfactory to BlaO, to include such Most Favored Lender Provisions.”.
(c) Section 5.2.2 (No Liens) shall be amended and restated in its entirety to read as follows:
Appears in 1 contract
Samples: Loan Agreement (Merqueo Holdings)