Xxxxxxx Sale. The Borrower and its Subsidiaries shall not have consummated the Xxxxxxx Sale for a purchase price of $80,000,000 and prepaid the Tranche B-2 Term Loans with the Net Proceeds thereof (which Net Proceeds shall be in an aggregate amount not less than $73,000,000) on or prior to the date that is four (4) Business Days after the Amendment No. 3 Closing Date (or such later date as may be agreed in writing by the Required Lenders in their sole and absolute discretion (which may be via e-mail)).
Xxxxxxx Sale. Holdings and Borrower shall have delivered to Syndication Agent, Administrative Agent and Collateral Agent, in form and substance satisfactory thereto, drafts of all principal agreements evidencing and effecting the Xxxxxxx Sale dated as of a date no more than three Business Days prior to the Closing Date.
Xxxxxxx Sale. No later than April 4, 2008, the Credit Parties shall have caused the Xxxxxxx Sale to occur in accordance with the conditions set forth in the proviso to such definition. Upon such occurrence, the Collateral Agent shall release from the Xxxxxxx Cash Collateral Account, and distribute to Borrower, 100% of the Xxxxxxx Cash Collateral Proceeds, which Borrower shall use to provide for the ongoing working capital requirements of Borrower, Xxxxxxx and their respective Subsidiaries and for general corporate purposes; provided that, if on or before April 4, 2008 the Xxxxxxx Sale has not occurred in accordance with the conditions set forth in the proviso to such definition, the Xxxxxxx Cash Collateral Proceeds shall immediately be applied in accordance with Sections 2.14(e) and 2.15(a) hereof.
Xxxxxxx Sale. On the Closing Date, PIE, LS GP, Associates and Equity Partners shall sell to Newco and Newco shall purchase executed (i) limited liability company interest powers and (ii) stock powers, in each case conveying the applicable Xxxxxxx Interests free and clear of all Liens except as contemplated hereby, in exchange for the Xxxxxxx Consideration.
Xxxxxxx Sale. If HOBO elects to proceed with a Company Sale (as defined in, and pursuant to, Article IV of a Project HoldCo’s limited liability company agreement), then HOBO must elect to proceed with a Company Sale under each other existing Project HoldCo’s limited liability company agreement that Evolve reasonably believes does not have a fair market value equal to or greater than an amount as would result, in a sale to a Third Party, in net proceeds that would fully satisfy “Return Threshold 1” as set forth in such Project HoldCo’s limited liability company agreement; provided that Evolve shall provide written notice of such determination to HOBO within 30 days of receiving a notice of a Company Sale. If HOBO elects to proceed with a Company Sale for all Project HoldCos required by this Section 4.6, then the aggregate consideration received in connection with the Transfer of the Units of all of such Project HoldCos shall be allocated as set forth in Section 4.5(b).
Xxxxxxx Sale. See §2.9(a). Interest Rate Floor. A minimum per annum rate equal to two percent (2%) which shall be applied with respect to Outstanding Loans of the Extending Lenders except those subject to a Hedge Agreement on the effective date of the Second Amendment.
Xxxxxxx Sale. This Note shall be prepaid in the amount equal to two times the unpaid principal balance, together with all accrued and unpaid interest, due under this Note upon (i) a sale of all or substantially all of the assets of the Company to any Person other than Investor or an Affiliate of Investor; or (ii) a merger or consolidation of the Company, with any Person other than Investor or an Affiliate of Investor, after which the Company’s shareholders own less than fifty percent (50%) of the voting stock of the surviving company.
