Additional Liquidity Facility has the meaning given to such term in Section 3.15.
Additional Liquidity Facility means any additional liquidity facility granted under an Additional Liquidity Facility Agreement entered into by FinCo which is Permitted Additional Financial Indebtedness under paragraph (e) of such definition;”(c) a new definition of “Additional Liquidity Facility Agreement” shall be added alphabetically:
Additional Liquidity Facility means a financing facility made available to one or more of the Applicants on the Effective Date pursuant to a credit agreement or other instrument in form and substance acceptable to the Majority Initial Consenting Noteholders;
Examples of Additional Liquidity Facility in a sentence
Interest on the Liquidity Facility Debt (including the Additional Liquidity Facility Amount) shall be paid in full in cash on the Restructuring Effective Date.
Any repayments or prepayments (whether pursuant to Sections 2.15(2), 2.16(2)(a), 2.16(2)(b) and 2.16(2)(c) or otherwise) under the Additional Liquidity Facility (except upon a Conversion) shall effect a permanent reduction of the Additional Liquidity Facility Commitment Amount.
The Borrower may make the Sole Additional Liquidity Facility Drawdown is hereby made pursuant to and as set forth in Section 2.4(3).
The Borrower may effect Conversions in respect of its Canadian Prime Rate Loans or U.S. Base Rate Loans, as applicable, under the Additional Liquidity Facility.
More Definitions of Additional Liquidity Facility
Additional Liquidity Facility means the credit or loan facility or facilities provided to one or more other Group Members, and any refinancing, refunding, renewal or extension thereof in accordance with Section 6.2(v) of the Senior Loan Agreement in effect as of the date hereof.
Additional Liquidity Facility means the credit facility designated as the “Additional Liquidity Facility” under the ABL Credit Agreement.
Additional Liquidity Facility means the credit or loan facility or facilities provided to one or more other Group Members, and any refinancing, refunding, renewal or extension thereof in accordance with Section 6.02(v), provided that prior to the Tranche A Term Loan Repayment Date, such facility or facilities (a) (i) shall be provided on terms which are not unreasonable and reflect market conditions in the banking or capital markets, as applicable, prevailing at the time of incurrence of such facility or facilities for comparable companies in the same industry as the Borrower and its Subsidiaries with long-term debt ratings by S&P and Mxxxx’x equivalent to the long-term debt ratings of the Borrower, (ii) shall in no event require any repayments or prepayments thereof at any time prior to the Tranche C Maturity Date and (iii) if they are secured, any Liens securing them shall be subject to Lien subordination provisions no less favorable to the Lenders than the terms of the subordination of the “Third Priority Liens” referred to in the Intercreditor Agreement in relation to the First Priority Liens referred to therein and (b) shall not be provided by an Affiliate of any Group Member or of any Significant Shareholder unless such facility is or facilities are (i) provided upon fair and reasonable terms no less favorable to the relevant Group Member than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate of any Group Member or of any Significant Shareholder and (ii) not available after a good faith effort by the Group Members to obtain such facility or facilities from a financial institution that is not an Affiliate of any Group Member or of any Significant Shareholder. For the avoidance of doubt, the requirements set forth in the foregoing proviso shall cease to apply from and after the Tranche A Term Loan Repayment Date.
Additional Liquidity Facility means a liquidity financing facility provided pursuant to the Senior Credit Facility Agreement or pursuant to any other Credit Facility.
Additional Liquidity Facility means the term credit facility in the initial maximum principal amount of Cdn.$20,000,000 (or the Equivalent Amount thereof in United States Dollars) on the Closing Date and reducing in accordance with the mandatory repayments required pursuant to Sections 2.16(2)(a), 2.16(2)(b) and 2.16(2)(c), to be made available to the Borrower by the Lenders under the Additional Liquidity Facility pursuant to the Sole Additional Liquidity Facility Drawdown on the Closing Date in accordance with the provisions hereof, subject to any other reduction in accordance with the provisions hereof.
Additional Liquidity Facility means an unsecured and subordinated financing facility arrangement with one or more Persons not an Affiliate of the Sponsor (which Person or Persons are acceptable to the Agents in their sole discretion), entered into by the Parent (such agreements, instruments and other documents evidencing such facility to be certified by the chief financial officer of the Parent to the Agents and the Lenders on or prior to such date as being true, complete and correct and in full force and effect), that will provide commitments by such Person (or Persons) to fund to the Parent on or prior to April 30, 2006 proceeds, which together with the Backstop Capital Contribution, in an aggregate amount not less than $6,000,000, in form and substance (including, without limitation, the terms of the intercreditor and subordination arrangement) satisfactory to the Agents in their sole discretion.
Additional Liquidity Facility a credit or loan facility or facilities provided to one or more other Group Members, and any refinancing, refunding, renewal or extension thereof in accordance with Section 6.2(v), provided that such facility or facilities (a) (i) shall be provided on terms which are not unreasonable and reflect market conditions in the banking or capital markets, as applicable, prevailing at the time of incurrence of such facility or facilities for comparable companies in the same industry as the Borrower and its Subsidiaries with long-term debt ratings by S&P and Mxxxx’x equivalent to the long-term debt ratings of the Borrower, (ii) shall in no event require any repayments or prepayments thereof at any time prior to the Maturity Date and (iii) if they are secured, any Liens securing them shall be subject to Lien subordination provisions no less favorable to the Lenders than the terms of the subordination of the “Third Priority Liens” referred to in the Intercreditor Agreement, and (b) shall not be provided by an Affiliate of any Group Member or of any Significant Shareholder unless such facility is or facilities are (x) provided upon fair and reasonable terms no less favorable to the relevant Group Member than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate of any Group Member or of any Significant Shareholder and (y) not available after a good faith effort by the Group Members to obtain such facility or facilities from a financial institution that is not an Affiliate of any Group Member or of any Significant Shareholder.