Refinancing of Existing Debt. (A) All existing Debt of the Borrower and its Subsidiaries (other than any Permitted Franchisee Financing SPE), other than the Existing Credit Agreement and Debt permitted pursuant to Section 11.1, shall be repaid in full and terminated and all collateral security therefor shall be released, and the Administrative Agent shall have received pay-off letters in form and substance satisfactory to it evidencing such repayment, termination and release.
Refinancing of Existing Debt. Any existing debt owed by the Borrower to a lender that is not the Lender that is to be refinanced with Loan proceeds shall be repaid in accordance with the terms and conditions set forth in the Borrower Certification, the Facility and the CARES Act, and if such debt is owed to an owner or to an affiliate of the Borrower, then it may only be refinanced with Loan proceeds if it is deemed bona fide, as more particularly described in Section 6(aa) above.
Refinancing of Existing Debt. The Loan Parties shall have repaid all loans and other amounts outstanding under the 2009 Credit Agreement, subject to the obligations under Section 4.5.2 [Indemnity] of the 2009 Credit Agreement on the Closing Date and terminated the commitments thereunder and satisfactory evidence thereof shall be delivered to the Administrative Agent.
Refinancing of Existing Debt. Receipt by the Administrative Agent of evidence of effectiveness of the BofA Agreement and the Capital One Agreement substantially concurrently with this Agreement on the Closing Date. (j)
Refinancing of Existing Debt. After giving effect to the funding of the Term Loan, no Loan Party shall have any Debt other than Debt permitted pursuant to Section 6.3.
Refinancing of Existing Debt. The Refinancing shall have been consummated, all commitments relating thereto shall have been terminated, and all liens or security interests related thereto shall have been (or concurrently with the initial funding of the Credit Facilities will be) terminated or released.
Refinancing of Existing Debt. MERCHANT agrees it will not process for payment any transaction(s) representing the refinancing of an existing obligation of a cardholder including, but not limited to, obligations:
Refinancing of Existing Debt. XXXXXXXX agrees it will not process for payment any transaction(s) representing the refinancing of an existing obligation of a cardholder including, but not limited to, obligations:
Refinancing of Existing Debt. Concurrently with the consummation of the Acquisition, the Refinancing shall have been consummated, all commitments relating thereto shall have been terminated, and all liens or security interests related thereto shall have been (or concurrently with the initial funding of the Credit Facilities will be) terminated or released. The Administrative Agent shall have received a “pay-off” letter in form and substance reasonably satisfactory to the Administrative Agent with respect to all Indebtedness being refinanced in the Refinancing and the Administrative Agent shall have received from any Person holding any Lien securing any such Indebtedness, such UCC or PPSA (or equivalent) termination statements, mortgage releases, releases of assignments of leases and rents, releases of security interests in Intellectual Property and other instruments, in each case in proper form for recording or filing, as the Administrative Agent shall have reasonably requested to release and terminate of record the Liens securing such Indebtedness. Immediately after giving effect to the Transactions, no Company shall have outstanding any Indebtedness or Preferred Stock (or direct or indirect guarantee or other credit support in respect thereof) other than (i) the Loans and Credit Extensions hereunder, (ii) the Indebtedness listed on Schedule 6.01(b), (iii) Capital Lease Obligations of Borrower or the Target in existence on October 30, 2013 and reflected in Borrower’s or the Target’s consolidated balance sheets for the fiscal quarter ended September 30, 2013 and (iv) additional Capital Lease Obligations of Borrower incurred after October 30, 2013 in the ordinary course of business in an aggregate amount not to exceed $5,000,000. 107
