Use of Proceeds by Company Sample Clauses

Use of Proceeds by Company. Company shall have provided -------------------------- evidence satisfactory to Administrative Agent that the cash proceeds from the debt and equity capitalization of Company described in the immediately preceding clause (ii) shall have been irrevocably committed, prior to the application of the proceeds of the Term Loans and the Revolving Loans made on the Closing Date, to the payment of the Purchase Price and Transaction Costs.
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Use of Proceeds by Company. Company agrees that the proceeds of the Loan shall be used for the sole purpose of lending such proceeds to the Trustee, such loan to be evidenced by that certain ESOP Note (And Pledge Agreement) of even date herewith made by the Trustee to the Company (the "ESOP Note"), for the sole purpose of enabling the Trustee to refinance a prior loan for the purchase by the Plan of "qualifying employer securities", as such term is defined in Section 408(e) of the Employee Retirement Income Security Act of 1974, as amended, and Section 4975(d)(3) of the Internal Revenue Code of 1986, as amended.
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Use of Proceeds by Company. Merger Sub shall have provided evidence satisfactory to Administrative Agent that the proceeds of the debt and equity capitalization of Merger Sub described in the immediately preceding clause and any cash on hand of FTD that will be used to fund a portion of the Merger Financing Requirements have been irrevocably committed, prior to the application of the proceeds of the Term Loans, to the payment of a portion of the Merger Financing Requirements. Q. RELATED AGREEMENTS
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Use of Proceeds by Company. Company shall have provided evidence satisfactory to Administrative Agent that all proceeds of the debt and equity capitalization of Company described in the immediately preceding clause (ii) have been applied, prior to or simultaneously with the application of the proceeds of the Tender Loans, to the purchase of the Tendered Target Shares.
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Use of Proceeds by Company. On the Closing Date, Company shall have provided evidence satisfactory to Administrative Agent that the proceeds of the Senior Second Lien Secured Notes have been applied to repay in full all outstanding obligations under the Existing Credit Agreement on the Closing Date.
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Use of Proceeds by Company. Company shall have provided evidence -------------------------- satisfactory to Agents that the proceeds of the debt and equity capitalization of Company described in the immediately preceding clause (i), together with cash of Company and its Subsidiaries of not less than $4,000,000, have been irrevocably committed, prior to the application of the proceeds of any Revolving Loans made on the Closing Date, to the payment of a portion of the following: (a) to finance the purchase price payable in connection with the Lil' Champ Acquisition, (b) to refinance Indebtedness of Company and Lil' Champ outstanding under the Existing Credit Agreements in an aggregate maximum principal amount not exceeding $25,000,000 (including without limitation Existing Letters of Credit with an aggregate stated amount of approximately $9,100,000), (c) to finance the repurchase of $51,000,000 in principal amount of Senior Notes and to pay accrued and unpaid interest thereon, (d) to finance the payment of up to $7,000,000 in tender offer premiums and consent fees related to the repurchase of Senior Notes and the solicitation of consents from the holders of the Senior Notes to certain amendments to the Senior Note Indenture, and (e) to pay Transaction Costs in an aggregate amount of approximately $15,000,000.
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Use of Proceeds by Company. On the Closing Date, Company shall have provided evidence satisfactory to Administrative Agent that the proceeds of the debt and equity capitalization of Company described in the immediately preceding clause (iii) have been irrevocably committed, prior to the application of the proceeds of the Term Loans and any Revolving Loans made on the Closing Date, to the payment of a portion of the Acquisition Financing Requirements (by virtue of the loan or contribution thereof to Acquisition Co., and Acquisition Co.'s irrevocable commitment to satisfy the Acquisition Financing Requirements).
Sample 1
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Use of Proceeds by Company. Company shall have provided evidence -------------------------- satisfactory to Agents that (x) the proceeds of the equity capitalization of Company described in the preceding clause (i), (y) the Escrowed Debt Securities Proceeds referred in the immediately preceding clause (ii) and (z) the Fort Xxxxx Sale Proceeds referred to in subsection 4.1C have been irrevocably committed, prior to the application of the proceeds of the Term Loans and any Revolving Loans made on the Closing Date, to the payment of a portion of the Purchase Price for the Xxxxxx Shares, the repayment of the outstanding Indebtedness of Xxxxxx and its Subsidiaries under the Existing Credit Agreement and the Transaction Costs.
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Use of Proceeds by Company. Company shall have provided evidence satisfactory to Agents that (x) the proceeds from the Equity Contribution described in the preceding clause (i) and (y) the proceeds from the sale and issuance of Senior Notes described in the immediately preceding clause (ii) have been irrevocably committed, 57 58 prior to the application of the proceeds of the Loans on the Closing Date, to (1) the Capital Contributions, (2) the repayment of the outstanding Indebtedness of Company under the Bridge Agreement and (3) the payment of the Transaction Costs.
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Related to Use of Proceeds by Company

  • Use of Proceeds, Etc All proceeds of each Advance made to the Designated Borrower will be used by it only in accordance with the provisions of Section 2.12 of the Credit Agreement. It is not, nor will be, engaged in the business of extending credit for the purpose of buying or carrying Margin Stock and no proceeds of any Advance will be used by it to extend credit to others for the purpose of buying or carrying any Margin Stock. Neither the making of any Advance to the Designated Borrower nor the use of the proceeds thereof will violate or be inconsistent with the provisions of Regulations U or X issued by the Board of Governors of the Federal Reserve System.

  • Compliance with Laws; Use of Proceeds Each Loan Party shall, and shall cause each of its Subsidiaries to, comply with all applicable Laws, including all Environmental Laws, in all respects; provided that it shall not be deemed to be a violation of this Section 8.1.7 if any failure to comply with any Law would not result in fines, penalties, remediation costs, other similar liabilities or injunctive relief which in the aggregate would constitute a Material Adverse Change. The Loan Parties will use the Letters of Credit and the proceeds of the Loans only in accordance with Section 2.8 [Use of Proceeds] and as permitted by applicable Law.

  • Use of Proceeds The Company will use the net proceeds received by it from the sale of the Securities in the manner specified in the Prospectus under “Use of Proceeds.”

  • Use of Proceeds; Margin Regulations The Company will apply the proceeds of the sale of the Bonds to repay existing indebtedness and for general corporate purposes and in compliance with all laws referenced in Section 5.16. No part of the proceeds from the sale of the Bonds hereunder will be used, directly or indirectly, for the purpose of buying or carrying any margin stock within the meaning of Regulation U of the Board of Governors of the Federal Reserve System (12 CFR 221), or for the purpose of buying or carrying or trading in any securities under such circumstances as to involve the Company in a violation of Regulation X of said Board (12 CFR 224) or to involve any broker or dealer in a violation of Regulation T of said Board (12 CFR 220). Margin stock does not constitute more than 2% of the value of the consolidated assets of the Company and its Subsidiaries and the Company does not have any present intention that margin stock will constitute more than 2% of the value of such assets. As used in this Section, the terms “margin stock” and “purpose of buying or carrying” shall have the meanings assigned to them in said Regulation U.

  • Application of Proceeds of Sale The proceeds of any sale of Collateral pursuant to Section 6, as well as any Collateral consisting of cash, shall be applied by the Collateral Agent as follows: FIRST, to the payment of all costs and expenses incurred by the Collateral Agent in connection with such sale or otherwise in connection with this Agreement, any other Loan Document or any of the Obligations, including all court costs and the reasonable fees and expenses of its agents and legal counsel, the repayment of all advances made by the Collateral Agent hereunder or under any other Loan Document on behalf of any Pledgor and any other costs or expenses incurred in connection with the exercise of any right or remedy hereunder or under any other Loan Document; SECOND, to the payment in full of the Obligations (the amounts so applied to be distributed among the Secured Parties pro rata in accordance with the amounts of the Obligations owed to them on the date of any such distribution); and THIRD, to the Pledgors, their successors or assigns, or as a court of competent jurisdiction may otherwise direct. The Collateral Agent shall have absolute discretion as to the time of application of any such proceeds, moneys or balances in accordance with this Agreement. Upon any sale of the Collateral by the Collateral Agent (including pursuant to a power of sale granted by statute or under a judicial proceeding), the receipt of the purchase money by the Collateral Agent or of the officer making the sale shall be a sufficient discharge to the purchaser or purchasers of the Collateral so sold and such purchaser or purchasers shall not be obligated to see to the application of any part of the purchase money paid over to the Collateral Agent or such officer or be answerable in any way for the misapplication thereof.

  • Use of Proceeds and Letters of Credit The proceeds of the Loans will be used only for general corporate purposes, including, without limitation, refinance of existing debt, working capital, capital expenditures, and acquisitions. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations T, U and X. Letters of Credit will be issued only to support general corporate purposes, including, without limitation, refinance of existing debt, working capital, and capital expenditures.

  • Use of Proceeds; Margin Securities Neither the Borrower nor any Subsidiary is engaged principally, or as one of its important activities, in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulations T, U, or X of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Advance will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying margin stock.

  • Certain Deemed Contributions of Proceeds of Issuance of REIT Shares In connection with any and all issuances of REIT Shares, the General Partner shall make Capital Contributions to the Partnership of the proceeds therefrom, provided that if the proceeds actually received and contributed by the General Partner are less than the gross proceeds of such issuance as a result of any underwriter’s discount or other expenses paid or incurred in connection with such issuance, then the General Partner shall be deemed to have made Capital Contributions to the Partnership in the aggregate amount of the gross proceeds of such issuance and the Partnership shall be deemed simultaneously to have paid such offering expenses in accordance with Section 6.5 hereof and in connection with the required issuance of additional Partnership Units to the General Partner for such Capital Contributions pursuant to Section 4.2(a) hereof.

  • Use of Proceeds of Loans The Company shall use the proceeds of Loans for general lawful corporate purposes, including, without limitation financing working capital and capital expenditures, lending to its Subsidiaries and acquiring other Persons or businesses so long as the acquisition is approved by the board of directors of the Person being acquired.

  • Use of Proceeds and Margin Security The Borrowers shall use the proceeds of the Loan only for the purposes set forth herein and consistent with all applicable laws, statutes, rules and regulations. No portion of the proceeds of the Loan shall be used by the Borrowers or any Person in any manner that might cause the borrowing or the application of such proceeds to violate Regulation T, Regulation U or Regulation X or any other regulation of the Board of Governors of the Federal Reserve System.

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