Affiliate Financing definition
Examples of Affiliate Financing in a sentence
The Company hereby covenants and agrees that any and all sales by the Company of its equity securities in any Affiliate Financing shall be made on good faith terms and at commercially reasonable valuations.
Except as set forth in (i) the Financing Commitments and (ii) Section 2 of the Affiliate Commitment Letter, there are no conditions precedent to the respective obligations of the Lenders to fund the Debt Financing or of Investor to fund the Affiliate Financing.
Pursuant to Section 2.11 of the Indenture, the interest rate of the Securities shall automatically increase to match the All-In Yield of any Affiliate Financing with an All-In Yield of at least 1.00% higher than the All-In Yield of the Securities, if any such Affiliate Financing is consummated within three months after the Issue Date.
Within 30 days after the consummation of such Affiliate Financing, the Company shall execute and deliver to the Collateral Agent an Officer’s Certificate certifying to (1) the satisfaction of the conditions specified in the foregoing clauses (x) and (y), (2) the new interest rate and (3) to the effective date of such new interest rate.
There are no other agreements, side letters or arrangements that would permit the Lenders to reduce the amount of the Debt Financing, that would permit Investor to reduce the amount of the Affiliate Financing or that could otherwise affect the availability of the Debt Financing or the Affiliate Financing.
The Partnership may obtain funds ("Required Funds") which it considers necessary to meet the needs and obligations and requirements of the Partnership, or to maintain adequate working capital or to repay Partnership indebtedness, and to carry out the Partnership's purposes, from the proceeds of Third Party Financing or Affiliate Financing, provided that at the time of such financing, none of the Notes remain outstanding.
The Partnership may obtain funds (“Required Funds”) which it considers necessary to meet the needs and obligations and requirements of the Partnership, or to maintain adequate working capital or to repay Partnership indebtedness, and to carry out the Partnership’s purposes, from the proceeds of Third Party Financing or Affiliate Financing.
Lend or advance money, credit, or property to any Person, except for (1) loans to Subsidiaries, (2) trade credit extended in the ordinary course of business, (3) loans made by Borrower to its members on open account maintained by such members with Borrower or made by Borrower to its members pursuant to its Affiliate Financing CoBank Participation Program; provided that the aggregate principal amount of all such loans outstanding at any time shall not exceed $150,000,000 and (4) loans made by Fin-Ag, Inc.
No option, warrant or other convertible security of any kind or nature issued by the Company in connection with the consummation of the transactions contemplated hereby and by the other Transaction Documents, the Senior Credit Facility, the Nortel Agreement, the Bechtel Agreement or any other Vendor Agreement, or the Affiliate Financing Documents will be convertible, exercisable or exchangeable into shares of Class A Common Stock prior to the Requisite Company Vote.
In addition, if any other fees or expenses are paid by the Company in connection with the Affiliate Financing Documents, the Purchaser shall be entitled to receive fees and expenses on substantially similar terms.