Permitted Refinancing. So long as the Lender benefits from this Guarantee:
(a) unless the Guarantor shall have consented in its sole discretion, the Lender and the Agent shall not enter into any Refinancing other than a Permitted Refinancing;
(b) in connection with any Permitted Refinancing, to the extent the Sponsor proposes any amendments to currently effective Series Securitization Documents, the Guarantor agrees to reasonably negotiate Refinancing Documents that reflect the terms and conditions of such Permitted Refinancing, including, but not limited to, changes to the Borrower Priority of Payments that relate to payments that are subordinated to DOE Reimbursable Amounts (or immaterial to items that are senior in payment of any DOE Reimbursable Amounts) and/or that relate to any other amounts payable to the Guarantor, or to reflect market changes to payment terms and reserves, as well as any changes to the Equipment Replacement Reserve Deposit and the Equipment Replacement Reserve Required Balance;
(c) in connection with any Permitted Refinancing, the Guarantor agrees to reasonably cooperate and participate in review, preparation, furnishing of relevant information relating to itself or the Project and drafting of any Marketing Materials;
(d) if the Sponsor reasonably requests that the Guarantor be present (in person or remotely) on a reasonable basis at customary rating agencies meetings or other marketing activities related to any Permitted Refinancing, the Guarantor shall be present at such customary rating agencies meetings or other marketing activities, as applicable, in the Guarantor’s capacity in respect of the Project;
(e) so long as the Sponsor and/or its Affiliates own, directly or indirectly, the equity interests of the Eligible Lender following any Balance Sheet Refinancing, such equity interests may not, in whole or in part, be pledged, transferred or encumbered (synthetically or otherwise) other than pursuant to a Permitted Refinancing; and
(f) in connection with any proposed Refinancing, by or before the proposed closing date thereof, the Guarantor shall have received a certificate of the Sponsor to the effect that such Refinancing is a Permitted Refinancing.
Permitted Refinancing. Each Junior Lender will not modify the provisions of its respective Junior Loan Agreement with respect to permitted refinancing of the Senior Loan without Senior Lender’s prior written consent (which consent shall not be unreasonably withheld or delayed) or with respect to permitted refinancing of any Senior Junior Loan without the applicable Senior Junior Lender’s prior written consent, not to be unreasonably withheld or delayed.
Permitted Refinancing. A refinancing, extension, replacement, amendment, amendment and restatement, modification, supplement, renewal or restructuring of the OpCo Indebtedness with the proceeds of Permitted Refinancing Indebtedness.
Permitted Refinancing. Notwithstanding any other term of this Agreement, it is agreed that, in the event the Liabilities are amended, restated, refinanced, replaced or restructured in whole or in part (a “New Financing”), then any Transaction Security may be reconstituted, amended or replaced with Security (“New Security”) on substantially the same terms as the Transaction Security in force immediately prior to the New Financing.
Permitted Refinancing. An assignment by the Issuer, subject to satisfaction of Section 2.1(c), either (i) to a third party unaffiliated with the Servicer or (ii) to a special purpose, bankruptcy-remote entity, of all the Receivables attributable to one or more Designated Servicing Agreements, as a result of which assignment the assignee pays to the Issuer 100% of the Receivable Balances with respect to such Receivables; provided, that in the case of any special purpose entity, an opinion of external legal counsel, reasonably satisfactory to the Administrative Agent, to the effect that the assignee would not be substantively consolidated with HLSS or any Affiliate of HLSS, shall have been delivered to the Administrative Agent.
Permitted Refinancing. Notwithstanding anything to the contrary contained herein, including without limitations the provisions hereof permitting or contemplating prepayment of the Mezzanine Loan and/or the Senior Loans, Borrower shall not enter into, and shall not permit or suffer AssetCo or any Senior Borrower to enter into, any refinancing of the Mezzanine Loan or any or all of the Senior Loans, whether by means of new debt (mortgage or mezzanine, or pursuant to a repurchase facility) or preferred equity financing, except for a Permitted Financing.
Permitted Refinancing. Documents" the agreements or documents (including, if applicable, the relevant provisions of the BIC2 MOI) giving rise to or regulating the Permitted Refinancing and identified as such for purposes of this Agreement by MTN in writing;
Permitted Refinancing. Furnish to the Agent and the Lenders not more than two Business Days after execution thereof a certified copy of each Permitted DOC ID - 18336046.11 Refinancing Term Loan Document and each legal opinion delivered thereunder that is executed and delivered after the Effective Date, together with all exhibits and schedules thereto.
Permitted Refinancing. The term “
Permitted Refinancing. With respect to any Person, any modification, refinancing, refunding, renewal or extension of any Permitted Indebtedness of such Person; provided that (a) the principal amount (or accreted value, if applicable) thereof does not exceed the principal amount (or accreted value, if applicable) of the Permitted Indebtedness so modified, refinanced, refunded, renewed or extended except by an amount equal to unpaid accrued interest and premium thereon plus any other reasonable amount paid, and fees and expenses reasonably incurred, in connection with such modification, refinancing, refunding, renewal or extension and by an amount equal to any existing commitments unutilized thereunder or as otherwise permitted pursuant to Section 10.3, (b) such modification, refinancing, refunding, renewal or extension has a final maturity date equal to or later than the maturity date of the Permitted Indebtedness being modified, refinanced, refunded, renewed or extended, (c) if the Permitted Indebtedness being modified, refinanced, refunded, renewed or extended is subordinated in right of payment to the Obligations, such modification, refinancing, refunding, renewal or extension is subordinated in right of payment to the Obligations on terms at least as favorable to the Lenders, in the Administrative Agent’s reasonable judgment, as those contained in the documentation governing the Permitted Indebtedness being modified, refinanced, refunded, renewed or extended, taken as a whole, (d) the terms and conditions (including, if applicable, as to collateral) of any such modified, refinanced, refunded, renewed or extended Permitted Indebtedness are not materially less favorable to the Borrower and the Guarantors or the Lenders than the terms and conditions of the Permitted Indebtedness being modified, refinanced, refunded, renewed or extended, and (e) such modification, refinancing, refunding, renewal or extension is incurred by the Person or Persons who are the obligors on the Permitted Indebtedness being modified, refinanced, refunded, renewed or extended.