ABL Financing definition
Examples of ABL Financing in a sentence
The foregoing provisions are intended as an inducement to the lenders under the ABL Financing Documents, Second Lien Financing Documents and any documentation governing other parity lien or junior lien Indebtedness permitted to be incurred hereunder to extend credit to the Loan Parties and such lenders are intended third party beneficiaries of such provisions.
To the knowledge of ▇▇▇▇▇▇, as of the date of this Agreement, no event has occurred or circumstance exists which, with or without notice, lapse of time or both, would constitute a breach or default on the part of Holdco, NAM Merger Sub or ▇▇▇▇▇▇ Merger Sub under the Commitment Letter or otherwise result in any portion of the ABL Financing not being available.
As of the date of this Agreement, ▇▇▇▇▇▇ is not aware of any fact, event or other occurrence that makes any of the representations or warranties of ▇▇▇▇▇▇ or its affiliates in the Financing Letters that constitutes a condition precedent to the provision of the ABL Financing on the Closing Date inaccurate in any material respect.
There are no conditions precedent or contingencies to the provision of the ABL Financing pursuant to the Financing Letters, other than as expressly set forth in the Commitment Letter.
Parent shall, promptly upon request by the Company, reimburse the Company for all reasonable out-of-pocket costs (including reasonable attorneys’ fees) incurred by the Company or the Company Subsidiaries in connection with ABL Financing or the Debt Offer and cooperation pursuant to the last sentence of Section 6.6(a).
As of the Waiver Effective Date, the Borrower and its Subsidiaries are not in breach of any covenants requiring similar Unqualified Opinions under the ABL Financing or the European Financing which Unqualified Opinion covenants have not been waived by the lenders thereunder.
As of the date of this Agreement, there are no side letters or other agreements or contracts that could affect the availability of the ABL Financing on the Closing Date other than as expressly set forth in the Financing Letters.
At the Closing, and assuming the availability of the ABL Financing, Holdco will have sufficient funds to pay all of Holdco’s obligations under this Agreement and all other amounts required to be paid by NAM and ▇▇▇▇▇▇ in connection with the transactions contemplated hereby.
The Company shall, and shall cause the Company Subsidiaries to, use reasonable best efforts to cause its and their respective Representatives to, on a timely basis, provide all reasonable cooperation requested by Parent, Merger Sub and/or the Financing Sources that is reasonably necessary and customary to assist Merger Sub in connection with Merger Sub obtaining the ABL Financing.
To the knowledge of ▇▇▇▇▇▇, as of the date of this Agreement, no event has occurred or circumstance exists which, with or without notice, lapse of time or both, would constitute a breach or default on the part of ▇▇▇▇▇▇ under the Commitment Letter or otherwise result in any portion of the ABL Financing not being available.