Examples of Additional Borrowing in a sentence
The provisions of this Indenture, and the rights and duties of the Company, the Servicer and the Trustee hereunder, shall at all times, anything else herein to the contrary notwithstanding, be subject to the terms and provisions of the Additional Borrowing.
The Administrative Agent shall deposit into the Current Account (i) Additional Borrowing Amounts pursuant to Section 4.2(b)(ii) and (ii) amounts on deposit in the Revenue Account as specified in Section 8.12(a).
On the Closing Date and on the date of each Additional Borrowing, the delivery of the Senior Notes and the Warrants to the Lenders, and on each date of any issuance of Common Stock or other securities issuable upon exercise of any Warrant, the issuance of such Common Stock or other securities, will transfer to the Lenders good and valid title to the Senior Notes, the Warrants and such Common Stock or other securities, free and clear of all Liens.
On the Additional Borrowing Date, the Borrower ---- shall have paid to the Agent and the Lenders all Fees and expenses agreed upon by such parties to be paid on or prior to such date.
On the Additional Borrowing Date, -------------------- the Agent shall have received a solvency certificate, executed by the chief financial officer or president of the Borrower, substantially in the form of Exhibit V.
The Borrower shall no later ------------------------ than 90 days following the Additional Borrowing Date enter into Interest Rate Agreements, reasonably acceptable to the Agent, establishing a fixed or maximum interest rate based on a eurodollar rate in respect of at least 50% of the aggregate principal amount of Term Loans for a period which shall be satisfactory to the Agent.
Each Additional Borrowing shall be deemed to constitute a representation and warranty by each Borrower on the Additional Borrowing Date as to the matters specified in Sections 5.2 and 5.5.
Except as otherwise permitted by ------------------- Section 8.2, Holdings will not, and will not permit any of its Subsidiaries to, substantively alter the character of the business of the Borrower and its Subsidiaries from that conducted at the Additional Borrowing Date (after giving effect to the consummation of the Devon Acquisition).
If the Borrower agrees to borrow additional amounts from any other lender (the "Additional Borrowing"), the Lenders agree to negotiate in good faith concerning the sharing of the Collateral and to enter into an intercreditor agreement and any related documents, as necessary, with such other lender on terms mutually acceptable to such parties and in a manner which will facilitate the execution of the documents related to the Additional Borrowing.
The Administrative Agent shall have received, for each of the Additional Borrowing Base Properties, each of the documents required by Section 5.3 of the Credit Agreement other than, subject to Section 4 hereof, those Third Party Reports which the Borrower certifies it is unable to obtain on or prior to the Amendment Effective Date, due to timing restrictions arising from the COVID-19 pandemic.