Common use of Refinancing Permitted Clause in Contracts

Refinancing Permitted. As an agreement among the Secured Parties only and without prejudice to any rights of the Secured Parties under the Revolving Loan Documents, First Lien Term Loan Documents and the Incremental Term Loan Documents, as applicable, the Revolving Loan Obligations and the First Lien Term Loan Obligations may be refinanced in their entirety if (i) the terms and provisions of any such refinancing debt, if instead implemented as modifications to the debt being refinanced, could be effected without the consent of the Agent to the debt not being refinanced, in accordance with the provisions of Section 11.4 or Section 11.5, as applicable, and (ii) the holders of such indebtedness, or a duly authorized agent on their behalf, agree in writing to be bound by the terms of this Agreement. The Revolving Loan Agent, for itself and on behalf of the Revolving Loan Secured Parties, and each of the First Lien Term Loan Agent, for itself and on behalf of the other First Lien Term Loan Secured Parties, and Incremental Term Loan Agent, for itself and on behalf of the other Incremental Term Loan Secured Parties, agree, in connection with any refinancing of the Revolving Loan Obligations or the First Lien Term Loan Obligations permitted by this Section 12.3(a), promptly to enter into such documents and agreements (including amendments or supplements to this Agreement) as the Grantors may reasonably request in writing to reflect such refinancing; provided, that, the rights and powers of the Secured Parties contemplated hereby shall not be affected thereby.

Appears in 2 contracts

Samples: Intercreditor Agreement (Seventy Seven Energy Inc.), Intercreditor Agreement

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Refinancing Permitted. As an agreement among the Secured Parties only and without prejudice to any rights of the Secured Parties under the Revolving Loan Documents, First Lien Term Loan Documents and the Incremental Term Loan Notes Documents, as applicable, the Revolving Loan Obligations and the First Lien Term Loan Obligations Debt and/or Notes Debt may be refinanced in their entirety if (i1) the terms and provisions of any such refinancing debt, if instead implemented as modifications to the debt being refinanced, could be effected without the consent of the Agent to the debt not being refinanced, in accordance with the provisions of Section 11.4 or Section 11.5, as applicable9.4 hereof, and (ii2) the holders of such indebtedness, or a duly authorized agent on their behalf, agree in writing to be bound by the terms of this Agreement. The Revolving Loan Agent, for itself and on behalf of the Revolving Loan Secured Parties, and each of the First Lien Term Loan Notes Agent, for itself and on behalf of the other First Lien Term Loan Secured Parties, and Incremental Term Loan Agent, for itself and on behalf of the other Incremental Term Loan Notes Secured Parties, agree, in connection with any refinancing of the Revolving Loan Obligations or Debt and/or the First Lien Term Loan Obligations Notes Debt permitted by this Section 12.3(a10.3(a), promptly to enter into such documents and agreements (including amendments or supplements to this Agreement) as the Grantors may reasonably request in writing to reflect such refinancing; provided, that, the rights and powers of the Secured Parties contemplated hereby shall not be affected thereby. References to refinance or refinancing in this Agreement shall include any indebtedness that is refinanced, extended, renewed, defeased, amended, modified, supplemented, restructured, replaced, refunded, or exchanged for other indebtedness in whole or in part.

Appears in 1 contract

Samples: Intercreditor Agreement (EM Holdings LLC)

Refinancing Permitted. As an agreement among the Secured Parties only and without prejudice to any rights of the Secured Parties under the Revolving Loan Documents, First Lien Term Loan Documents and the Incremental Term Loan Documents, as applicable, the Revolving Loan Obligations and the First Lien Debt and/or Term Loan Obligations Debt may be refinanced in their entirety if (ia) the terms and provisions of any such refinancing debtdebt are such that, if they were instead implemented as modifications amendments to the existing debt being refinancedrefinanced rather than as a refinancing of such existing debt, such terms and conditions could be effected without the consent of the Agent to the existing debt not being refinancedrefinanced in connection with such transaction, in accordance with the provisions of Section 11.4 10.4 or Section 11.510.5, as applicable, and (iib) the holders of such indebtedness, or a duly authorized agent on their behalf, agree in writing to be bound by the terms of this Agreement. The Revolving Loan Agent, for itself and on behalf of the Revolving Loan Secured Parties, and each of the First Lien Term Loan Agent, for itself and on behalf of the other First Lien Term Loan Secured Parties, and Incremental Term Loan Agent, for itself and on behalf of the other Incremental Term Loan Secured Parties, agree, in connection with any refinancing of the Revolving Loan Obligations or Debt and/or the First Lien Term Loan Obligations Debt permitted by this Section 12.3(a11.3(a), promptly to enter into such documents and agreements (including amendments or supplements to this Agreement) as the Grantors may reasonably request in writing to reflect such refinancing; provided, that, the rights and powers of the Secured Parties contemplated hereby shall not be affected thereby.

Appears in 1 contract

Samples: Intercreditor Agreement (Hydrofarm Holdings Group, Inc.)

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Refinancing Permitted. As an agreement among the Secured Parties only and without prejudice to any rights of the Secured Parties under the Revolving Loan Documents, First Lien Term Loan Documents and the Incremental Term Loan Notes Documents, as applicable, the Revolving Loan Obligations and the First Lien Term Loan Obligations Debt and/or Notes Debt may be refinanced in their entirety if (i) the terms and provisions of any such refinancing debt, if instead implemented as modifications to the debt being refinanced, could be effected without the consent of the Agent to the debt not being refinanced, in accordance with the provisions of Section 11.4 or Section 11.5, as applicable9.4 hereof, and (ii) the holders of such indebtedness, or a duly authorized agent on their behalf, agree in writing to be bound by the terms of this Agreement. The Revolving Loan Agent, for itself and on behalf of the Revolving Loan Secured Parties, and each of the First Lien Term Loan Notes Agent, for itself and on behalf of the other First Lien Term Loan Secured Parties, and Incremental Term Loan Agent, for itself and on behalf of the other Incremental Term Loan Notes Secured Parties, agree, in connection with any refinancing of the Revolving Loan Obligations or Debt and/or the First Lien Term Loan Obligations Notes Debt permitted by this Section 12.3(a10.3(a), promptly to enter into such documents and agreements (including amendments or supplements to this Agreement) as the Grantors may reasonably request in writing to reflect such refinancing; provided, that, the rights and powers of the Secured Parties contemplated hereby shall not be affected thereby. References to refinance or refinancing in this Agreement shall include any indebtedness that is refinanced, extended, renewed, defeased, amended, modified, supplemented, restructured, replaced, refunded, or exchanged for other indebtedness in whole or in part.

Appears in 1 contract

Samples: Intercreditor Agreement (Edgen Group Inc.)

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