Examples of ABL Commitment Letter in a sentence
On the Effective Date, the Reorganized Debtors shall enter into the Exit Facilities (the terms of which shall be set forth in the Exit Facility Documents) on terms consistent with the Exit Facilities Term Sheet and ABL Commitment Letter, if applicable.
The Lenders will work in good faith with the ABL Agent to amend or otherwise modify the Intercreditor Agreement to the extent necessary to give effect to (a) the provisions of this Term Sheet, (b) the Closing Date Modifications (including to ABL Commitment Letter on the terms described in Annex B) and/or (c) the Merger.
Integration This Exit ABL Commitment Letter and the Exit ABL Fee Letter supersede any and all discussions, negotiations, understandings or agreements, written or oral, express or implied, between or among the parties hereto and their affiliates as to the subject matter hereof.
The terms and conditions of the ABL Commitment Letter can be amended by the parties thereto in accordance with the terms thereof.
Notwithstanding anything to the contrary set forth herein, Sections 9.1, 9.6, 9.11, 9.12 and 9.13 and this Section 9.2 (and any provision of this Agreement to the extent a modification, waiver or termination of such provision would modify the substance of any such Sections) may not be waived or terminated in a manner that is adverse to the Financing Source Related Parties without the prior written consent of the lead arranger under the ABL Commitment Letter.
To the maximum extent permitted by applicable law, each party hereto irrevocably waives any right to a trial by jury in respect of to any claim, controversy, or dispute (whether based in contract, tort, or otherwise) arising out of or relating to this Exit ABL Commitment Letter, the Exit ABL Term Sheet, or the Transactions contemplated hereby or the actions of the Exit ABL Commitment Parties or any of their affiliates in the negotiation, performance, or enforcement of its rights in connection therewith.
For more complete information in respect of the terms and conditions of the New ABL Facility, you should read the ABL Commitment Letter.
Except as set forth in the applicable Debt Letter, there are no (i) conditions precedent to the respective obligations of the Financing Sources that are party to the ABL Commitment Letter to fund the full amount of the ABL Financing, (ii) conditions precedent to the obligations of Bank J.
In the event of any inconsistency between the summary of the terms and conditions of the New ABL Facility specified herein and the terms and conditions specified in the ABL Commitment Letter, the ABL Commitment Letter shall govern.
The New ABL Credit Facility and the New ABL Credit Facility Documents, the material terms of which are contained in the New ABL Commitment Letter and New ABL Term Sheet, have been negotiated in good faith, are fair, reasonable and critical to the success and feasibility of the Plan, and are necessary and appropriate for the consummation of the Plan.