Pre-Petition Obligations. Borrower and each Subsidiary Loan Party hereby acknowledge, confirm and agree that, as of the close of business on February 2, 2009, Borrower is indebted to Agent and Lenders in respect of all Pre-Petition Obligations in the aggregate principal amount of not less than $168,763,550.82, consisting of (a) Revolving Loans made pursuant to the Existing Loan Documents in the aggregate principal amount of not less than $165,763,550.82, together with interest accrued and accruing thereon, and (b) Letters of Credit in the amount of not less than $3,000,000, together with interest accrued and accruing thereon, and all costs, expenses and fees (including attorneys’ fees and legal expenses) and (c) other Obligations now or hereafter owed by Borrower to Agent and Lenders, all of which are unconditionally owing by Borrower to Agent and Lenders, without offset, defense or counterclaim of any kind, nature and descriptionwhatsoever.
Pre-Petition Obligations. Borrower and each Guarantor hereby acknowledges, confirms and agrees that, as of January 31, 2018, Borrower is indebted to Administrative Agent and Lenders in respect of all Pre-Petition Obligations in the aggregate principal amount of not less than $142,183,541.19, consisting of (a) Revolving Loans to Borrower made pursuant to the Existing Loan Documents in the aggregate principal amount of not less than $125,617,955.47, together with interest accrued and accruing thereon, and (b) Letter of Credit Obligations in the amount of $16,565,585.72, together with interest accrued and accruing thereon, and all costs, expenses, fees (including attorneys’ fees and legal expenses) accrued and owing by Borrower pursuant to the terms of the Existing Loan Documents, all of which are unconditionally owing by Borrower to Administrative Agent and Lenders, without offset, defense or counterclaim of any kind, nature and description whatsoever.
Pre-Petition Obligations. Each of the Loan Parties hereby acknowledges, confirms and agrees that the Loan Parties are indebted to the Existing Agents and the Existing Lenders for the Pre-Petition Obligations, as of the Filing Date, (a) in an aggregate principal amount of not less than $179,280,473.73 in respect of Pre-Petition Obligations constituting loans under the Existing Credit Agreement and (b) in an aggregate amount of not less than $34,981.45 in respect of Pre-Petition Obligations related to the Existing Letters of Credit, in each case, together with interest, fees and premiums accrued and accruing thereon in respect of such loans, and costs, expenses, fees (including attorneys' fees), indemnities, reimbursement obligations and other charges now or hereafter owed by the Loan Parties to the Existing Agents and the Existing Lenders pursuant to the terms of the Existing Credit Agreement and the other Loan Documents (as defined in the Existing Credit Agreement), all of which are unconditionally owing by the Loan Parties to the Existing Agents and the Existing Lenders, without offset, defense or counterclaim of any kind, nature and description whatsoever.
Pre-Petition Obligations. Chapter 11 Borrower hereby acknowledges, confirms and agrees that Chapter 11 Borrower is indebted to Lender for the Pre-Petition Obligations, as of the close of business on December 31, 2003, in the principal amount of not less than $14,325,937 in the aggregate, all of which Pre-Petition Obligations are unconditionally owing by Chapter 11 Borrower to Lender, together with interest accrued and accruing thereon, in each case together with costs, expenses, fees (including, without limitation, reasonable attorneys' fees and legal expenses) and all other charges now or hereafter owed by Chapter 11 Borrower to Lender, all of which are unconditionally owing by Chapter 11 Borrower to Lender, without offset, defense or counterclaim of any kind, nature and description whatsoever.
Pre-Petition Obligations. Any and all agreements, filings or documents relating to any adequate protection granted to the Existing Lenders and the Existing Agents pursuant to the Interim Bankruptcy Court Order shall have been terminated.
Pre-Petition Obligations. The Borrower hereby acknowledges, confirms and agrees that the Borrower is indebted to the Pre-Petition Lenders for the Pre-Petition Obligations, as of September 24, 1996, in respect of Pre-Petition Letter of Credit Exposure and Pre-Petition Loans in the aggregate principal amount of $171,546,457.11, together with interest accrued and accruing thereon, and costs, expenses, fees (including attorneys' fees) and other charges now or hereafter owed by the Borrower to the Pre-Petition Lenders, all of which are unconditionally owing by the Borrower to the Pre-Petition Lenders, without offset, defense or counterclaim of any kind, nature and description whatsoever.
Pre-Petition Obligations. (a) Each Debtor hereby acknowledges, confirms and agrees that US Borrowers are jointly and severally indebted to Agent and Lenders in respect of all Pre-Petition Obligations, as of October 20, 2004 in the aggregate principal amount of not less than the sum of $40,623,054.71 plus C$219,919.63, consisting of (a) US Dollar Loans made pursuant to the Existing Financing Agreements in the principal amount of not less than $32,681,869.74, together with all interest accrued and accruing thereon, (b) Letter of Credit Accommodations in the amount of not less than the sum of $7,941,184.97 plus C$277,290.52, together with all interest, fees and charges accrued and accruing thereon or chargeable thereto, and (c) Canadian Dollar Loans made pursuant to the Existing Financing Agreements in the principal amount of not less than C$<57,496.83>, together with all interest accrued and accruing thereon, and in each case in respect of the foregoing clauses (a) through (c), together with costs, expenses, fees (including attorneys’ fees and legal expenses) and other charges now or hereafter owed by US Borrowers to Agent or Lenders, all of which are unconditionally owing by US Borrowers to Agent and Lenders, without offset, defense or counterclaim of any kind, nature and description whatsoever.
(b) Each Debtor hereby acknowledges, confirms and agrees that Canadian Borrower is indebted to Agent and Lenders in respect of all Pre-Petition Obligations arising out of the Canadian Credit Facility, as of October 20, 2004, in the aggregate principal amount of not less than the sum of $17,420,901.04 plus C$219,919.63, consisting of (a) Revolving Loans made pursuant to the Existing Financing Agreements in the principal amount of not less than the sum of $13,830,088.57 plus C$<57,496.83>, together with all interest accrued and accruing thereon, (b) Letter of Credit Accommodations in the amount of not less than the sum of $28,312.47 plus C$277,416.46, together with interest accrued and accruing thereon, and (c) Term Loans made pursuant to the Existing Financing Agreements in the principal amount of not less than $3,562,500, together with interest accrued and accruing thereon, and in each case in respect of the foregoing clauses (a) through (c), together with costs, expenses, fees (including attorneys’ fees and legal expenses) and other charges now or hereafter owed by Canadian Borrower to Agent or Lenders, all of which are unconditionally owing by Canadian Borrower to Agent and Lenders, withou...
Pre-Petition Obligations. The obligations under the Pre-Petition Financing Documents were valid and enforceable obligations for which the Debtors received significant value. As of July 3, 2008 and at the Petition Date, defaults and Events of Default existed pursuant to the Pre-Petition Financing Documents. As of July 3, 2008, the Debtors were justly and lawfully indebted and liable without defense, counterclaim or offset of any kind, (x) to Arco in an amount not less than $28,883,346.00 pursuant to the Pre-Petition Credit Documents, and (y) to GGRE in an amount not less than $184,054,107.00 pursuant to the MRAs. On or about July 11, 2008, Arco validly terminated the commitment and accelerated all obligations under the Credit Agreement. On or about July 11, 2008, GGRE validly exercised its rights and remedies pursuant to the MRAs. None of the Debtors disputed or dispute GGRE’s valuation of the Purchased Securities (as defined in each MRA). The Debtors and their respective estates have no remaining interest in the Purchased Securities (as defined in each MRA) (together with all other obligations contained in each of the Pre-Petition Financing Documents (the “Pre-Petition Obligations”).
Pre-Petition Obligations. Borrower and each Guarantor hereby acknowledge, confirm and agree that, as of October 2, 2006, Borrower is indebted to Lender in respect of all Pre-Petition Obligations in the aggregate principal amount of not less than $25,818,730.34, consisting of (a) Revolving Loans made pursuant to the Existing Financing Agreements in the aggregate principal amount of not less than $23,404,449.01, together with interest accrued and accruing thereon, and (b) Letter of Credit Accommodations in the amount of not less than $2,414,281.33, together with interest accrued and accruing thereon, and all costs, expenses, fees (including attorneys’ fees and legal expenses) and (c) other charges now or hereafter owed by Borrower to Lender, all of which are unconditionally owing by Borrower to Lender, without offset, defense or counterclaim of any kind, nature and description whatsoever.
Pre-Petition Obligations. Each Borrower and Guarantor hereby acknowledges, confirms and agrees that, as of January 23, 2009, Borrowers are indebted to Agent and Lenders in respect of all Pre-Petition Obligations in the aggregate principal amount of US $113,567,479.32, consisting of (a) Revolving Loans to US Borrower made pursuant to the Existing Financing Agreements in the aggregate principal amount of US $83,184,437.84, together with interest accrued and accruing thereon, (b) additional Loans made to US Borrower pursuant to Section 12.8 of the Existing Loan Agreement in the aggregate principal amount of US $7,502,166.00, together with interest accrued and accruing thereon (the “Pre-Petition Additional Loans”), (c) Revolving Loans to Canadian Borrower made pursuant to the Existing Financing Agreements in the aggregate principal amount of US $7,241,234.86, together with interest accrued and accruing thereon, (d) Letter of Credit Accommodations in the amount of US $15,639,640.62, together with interest accrued and accruing thereon, (e) all costs, expenses, fees (including attorneys' fees and legal expenses) incurred in connection with the foregoing, and (f) all other charges now or hereafter owed by Borrowers to Agent and Lenders, all of which are unconditionally owing by Borrowers to Agent and Lenders, without offset, defense or counterclaim of any kind, nature and description whatsoever.
