ABL Facility Amendment definition

ABL Facility Amendment means that certain Fifth Amendment to Credit Agreement, dated as of the date hereof, among the Borrower, as the lead borrower, the borrowers named therein, the ABL Agent and the other lenders party thereto.

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ABL Facility Amendment means that certain Amendment to the ABL Credit Agreement, dated as of the Closing Date, among the Borrower, East West Bank, as administrative agent, letter of credit issuer and swingline lender and each party thereto.

ABL Facility Amendment means that certain Third Amendment to Credit Agreement, dated as of the date hereof, among the Borrower, as the lead borrower, the borrowers named therein, the ABL Agent and the other lenders party thereto.

Examples of ABL Facility Amendment in a sentence

On the Closing Date, the ABL Facility Amendment will have been duly authorized, executed and delivered by the Company and each of the Guarantors and, assuming due authorization of the ABL Facility Amendment by the counterparties thereto, will constitute a valid and legally binding agreement of the Company and each of the Guarantors, enforceable against the Company and each of the Guarantors in accordance with its terms, subject to the Enforceability Exceptions.
ABL Facility Amendment Upon the consummation of the Restructuring and the transactions contemplated thereby (excluding the Rights Offering (as defined below)) (the “Closing Date”), the ABL Facility shall be amended (the “Facility Amendment”) such that the $125 million commitment shall be reduced to $100 million.
Holdings and the Borrower have delivered to the Administrative Agent a complete and correct copy of the ABL Credit Agreement, the ABL Facility Amendment and all other material ABL Documents (in each case, including all schedules, exhibits, amendments, supplements and modifications thereto, but excluding letters under which no material obligations exist other than the payment of fees).
The Required Lenders hereby consent to the Third ABL Facility Amendment, the 2015 Revolver Commitment Increase (as defined therein) and the consent set forth therein, in each case, on the Third Amendment Effective Date for all purposes under the Credit Agreement and the other Loan Documents (including, without limitation, Section 6.09(c) of the Credit Agreement).
Holdings and the Borrower have delivered to the Administrative Agent and Lenders a complete and correct copy of the ABL Credit Agreement, the ABL Facility Amendment and all other material ABL Documents (in each case, including all schedules, exhibits, amendments, supplements and modifications thereto, but excluding letters under which no material obligations exist other than the payment of fees).
PRE- AND POST-CLOSING COVENANTS 11 Section 7.1 Waiver of Transfer Restrictions 11 Section 7.2 Waiver of Notice for Terminal Swap Arrangements 12 Section 7.3 Appropriate Action; Consents; Filings; Other Matters 12 Section 7.4 ABL Facility Amendment 13 Section 7.5 Amended NuStar Facility 14 Section 7.6 Crude Intermediation Financing 14 Section 7.7 Services Agreement 14 Section 7.8 Names Following Closing.
The Borrower desires to (a) amend the Credit Agreement to permit the Canadian Subsidiaries to become Loan Parties under the Credit Agreement and to make certain related amendments to the Credit Agreement, (b) join the Canadian Subsidiaries as Subsidiary Guarantors under the Credit Agreement and (c) consummate the transactions contemplated by the ABL Facility Amendment.
The Administrative Agent shall have received a true, complete and correct copy of (x) the Intercreditor Amendment and (y) the ABL Facility Amendment, which, in each case, shall be (or concurrently with the First Amendment Effective Date shall be) in full force and effect.
The ABL Facility Amendment has been duly authorized, executed and delivered, and constitutes a valid and binding agreement of, the Company and its subsidiaries party thereto, enforceable in accordance with its terms, except as the enforcement thereof may be limited by the Enforceability Exceptions.
Parent agrees to keep the Company informed on a reasonably current basis as to progress and discussions with lenders and the Administrative Agent in respect of the Parent ABL Facility Amendment.

More Definitions of ABL Facility Amendment

ABL Facility Amendment in the “Summary” section of the Preliminary Offering Circular is replaced with the following: “Concurrently with the closing of this offering, we expect to enter into an amendment to our ABL Facility, which will extend the maturity date thereof to the earliest of (a) the date that is the five year anniversary of the closing of such amendment, (b) the date that is 60 days prior to the final stated maturity date of the Term Loan Facility (as defined in the section titled “Description of Other Indebtedness”) if such final stated maturity date has not been extended or refinanced to a date occurring at least 6 months after the date that is the five year anniversary of the closing of such amendment, unless the amount of excess availability minus the outstanding indebtedness under the Term Loan Facility on such date is in excess of $100.0 million and (c) the date that is 60 days prior to the final stated maturity date of the 2023 Notes (as defined in the section titled “Description of Other Indebtedness”) if such final stated maturity date has not been extended or refinanced to a date occurring at least 6 months after the date that is the five year anniversary of the closing of such amendment, unless the amount of excess availability minus the outstanding amount of 2023 Notes on such date is in excess of $100.0 million. See “Description of Other Indebtedness.” Consummation of this offering is not conditioned upon the consummation of the amendment to the ABL Facility and vice versa.”

ABL Facility Amendment has the meaning specified in Section 7.4.