Other Financing Agreements. Borrower hereby delivers an irrevocable instruction to the buyer or lender under any Financing Document that upon receipt of notice of an Event of Default under this Agreement, the buyer or lender thereunder is authorized and instructed to (i) remit to Lender hereunder directly any amounts otherwise payable to Borrower and (ii) deliver to Lender all collateral otherwise deliverable to Borrower, to the extent all obligations then due and owing under such Other Financing Agreement have been paid in full. In furtherance of the foregoing, upon repayment of the outstanding repurchase price or loan amount under any Other Financing Agreement and termination of all obligations of the Borrower thereunder or other termination of the related Financing Documents following repayment of all obligations thereunder, the related buyer or lender under any Financing Document is hereby instructed to deliver to Buyer hereunder any collateral (as such term may be defined under the related Financing Documents) then in its possession or control.
(e) Section 2.05 of the Loan Agreement is hereby amended by replacing only the first occurrence of the word “LIBOR Rate” therein with “Base Rate.”
(f) Section 2.08(b) of the Loan Agreement is hereby amended by deleting in its entirety and replacing it with the following: If, on any Business Day (each, a “Borrowing Base Shortfall Day”), the Lender provides written notice to the Borrower that the Lender has determined in its sole reasonable discretion based on the Borrowing Base Report most recently delivered by the Lender pursuant to Section 2.04 that the Outstanding Aggregate Loan Amount on such day exceeds the lesser of (i) the Borrowing Base and (ii) the Available Facility Amount on such day (such circumstance, a “Borrowing Base Deficiency”), the Borrower (i) on the same day if the Lender notifies Borrower by 11:00 a.m. (New York time) of such Borrowing Base Deficiency, or (ii) if the notice is received later than 11:00 a.m. (New York time), then within one (1) Business Day after the Borrowing Base Shortfall Day, shall repay outstanding Loans (including accrued Interest thereon), in an amount equal to the amount of the Borrowing Base Deficiency specified in the notice provided to the Borrower by the Lender (such requirement a “Margin Call”).
(g) Section 7.01 of the Loan Agreement is hereby amended by deleting subclause (w)(iv) in its entirety and replacing it with the following: “Reserved.”
(h) Section 8.01 of the Loan Agreement is here...
Other Financing Agreements. As of the date hereof, neither Guarantor nor any of its Subsidiaries have entered into any Other Financing Agreement containing an MFN Covenant.
Other Financing Agreements. Lender shall have received copies of -------------------------- any commitment or agreement between any TFC Party and any lender or other financial institution, other than any such commitment or agreement (or portion thereof) which Lender specifically agrees are not required to be delivered hereunder.
Other Financing Agreements. The occurrence of an “Event of Default” under and as defined in the Credit Agreement, any of the other Financing Agreements or any of the other Loan Documents, or any other event which would permit or otherwise result in the acceleration of the obligations owing thereunder or in connection therewith. Failure to Demonstrate Balancing. The failure at any time of the Miami Jai-Alai Facility to be In Balance and such failure shall continue for ten (10) days.
Other Financing Agreements. The Lender shall have received copies of any commitment or agreement between any FinPac Party and any lender or other financial institution which may be delivered to the Lender without causing a violation by such FinPac Party of the terms of a confidentiality agreement to which such FinPac Party is a party.
Other Financing Agreements. 5 Section 4.12.
Other Financing Agreements. (a) Each Obligor shall have executed and delivered each Financing Agreement to which it is to be a party, which Financing Agreements shall be satisfactory in form and substance to you and the Other Purchasers and shall provide such security and/or Subsidiary Guarantees which cause the Notes and the other Financing Agreements to be pari passu with the Obligors' obligations under the Bank Indebtedness after giving effect to the Intercreditor Agreement.
(b) Each party thereto shall have executed and delivered the Intercreditor Agreement which shall be satisfactory in form and substance to the Purchasers.
Other Financing Agreements. The other Financing Agreements and all instruments and documents related hereto or thereto shall have been duly executed and delivered to Agent, in form and substance satisfactory to Agent.
Other Financing Agreements. Each of the Security Agreement, the Pledge Agreement, the Mortgages, the Control Agreements and each other Financing Agreement shall have been executed and delivered by the respective parties thereto, shall be in full force and effect on the date of Closing and shall be satisfactory in form and substance to the Purchaser.
Other Financing Agreements. Borrower hereby delivers an irrevocable instruction to the buyer or lender under any Financing Document that upon receipt of notice of an Event of Default under this Agreement, the buyer or lender thereunder is authorized and instructed to (i) remit to Lender hereunder directly any amounts otherwise payable to Borrower and (ii) deliver to Lender all collateral otherwise deliverable to Borrower, to the extent all obligations then due and owing under such Other Financing Agreement have been paid in full. In furtherance of the foregoing, upon repayment of the outstanding repurchase price or loan amount under any Other Financing Agreement and termination of all obligations of the Borrower thereunder or other termination of the related Financing Documents following repayment of all obligations thereunder, the related buyer or lender under any Financing Document is hereby instructed to deliver to Lender hereunder any collateral (as such term may be defined under the related Financing Documents) then in its possession or control.
(f) Section 7.01 of the Loan Agreement is hereby amended by deleting subclause (w)(iii) in its entirety and replacing it with the following:
