Alternative Financing Transaction definition

Alternative Financing Transaction means a transaction or series of related transactions pursuant to which a Person provides to the Company debt or equity financing; provided that an Alternative Financing Transaction shall not include (i) a change of control transaction involving the Company or its stockholders, (ii) the liquidation, dissolution or reorganization of the Company, or (iii) an Acquisition Transaction.
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Alternative Financing Transaction means a transaction or series of related transactions pursuant to which a Person(s) provides to the Company debt or equity financing; provided that an Alternative Financing Transaction shall not include (i) a change of control transaction involving the Company or its stockholders,(ii) the liquidation, dissolution or reorganization of the Company, or (iii) an Acquisition Transaction. “ Backstop Acquired Shares ” shall have the meaning set forth in Section 1.2(a) .
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Alternative Financing Transaction means any financing transaction which, provides the necessary operating funds for the Reorganized Debtors after the Effective Date on better terms than the Post-Confirmation Credit Facility and/or the New Junior Secured Debentures.
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Examples of Alternative Financing Transaction in a sentence

  • There can be no assurances that the Proponents shall have obtained such an Alternative Financing Transaction as of the Effective Date.

  • Material United States Federal Income Tax Consequences” and “THE OFFER—10.

  • See "THE PLAN -- Conditions to and Means for Consummation of the Plan -- Principal Plan Documents -- Post-Confirmation Credit Agreement." It is also likely that any Alternative Financing Transaction will include similar restrictions and covenants.

  • There will not be a Rights Plan and no New Junior Secured Debentures shall be issued unless the Debtors enter into an Alternative Financing Transaction which includes the Rights Plan.

  • It is the expectation of the Proponents, during the period up to the Effective Date, that the Proponents, along with their advisors, will actively solicit and obtain an Alternative Financing Transaction which shall include more favorable terms to the Debtors than those contained in the Post-Confirmation Credit Facility and/or the New Junior Secured Debentures.

  • The Plan contemplates that prior to the Confirmation Date, (i) the Debtors and the Creditors' Committee will seek to replace the Post-Confirmation Credit Facility and/or the New Junior Secured Debentures with an Alternative Financing Transaction.

  • See "THE PLAN--Conditions to and Means for Consummation of the Plan--Principal Plan Documents--Senior Post-Effective Date Financing Facility." It is also likely that any Alternative Financing Transaction will include similar restrictions and covenants.

  • The following provisions will be effective to the extent that the New Junior Secured Debentures are not substituted by an Alternative Financing Transaction pursuant to section 7.1 above.

  • There will not be a Rights Plan and no New Junior Secured Debentures shall be issued to the extent the Debtors enter into an Alternative Financing Transaction in substitution of the New Junior Secured Debentures.

  • In the event the Debtors enter into an Alternative Financing Transaction, copies of all loan documents in respect of any Alternative Financing Transaction, if available, shall be filed with the Bankruptcy Court no later than three (3) Business Days prior to the Confirmation Date and in no event later than five (5) Business Days prior to the Effective Date.

Related to Alternative Financing Transaction

  • Financing Transaction means a transaction in which a licensed provider obtains financing from a financing entity including any secured or unsecured financing, any securitization transaction, or any securities offering which is either registered or exempt from registration under federal and state securities law.

  • Financing Transactions means the execution, delivery and performance by each Loan Party of the Loan Documents to which it is to be a party, the borrowing of Loans, the use of the proceeds thereof and the issuance of Letters of Credit hereunder.

  • Refinancing Transactions means the transactions described under “Summary—The Refinancing Transactions” in the Offering Memorandum.

  • Alternative Financing has the meaning set forth in Section 5.14(b).

  • securities financing transaction or 'SFT' means a repurchase transaction, a securities or commodities lending or borrowing transaction, or a margin lending transaction;

  • Securities Financing Transactions means collectively securities lending transactions, sale and repurchase transactions and reverse repurchase transactions.

  • Restructuring Transaction means a tax free distribution under section 355 of the internal revenue code and includes tax free transactions under section 355 of the internal revenue code that are commonly referred to as spin offs, split ups, split offs, or type D reorganizations.

  • Bridge Financing means interim financing to cover Eligible Project Costs until DWSRF financing for the project is received from the State Water Board.

  • Factoring Transaction means any transaction or series of transactions that may be entered into by the Issuer or any Restricted Subsidiary pursuant to which the Issuer or such Restricted Subsidiary may sell, convey, assign or otherwise transfer Receivables Assets (which may include a backup or precautionary grant of security interest in such Receivables Assets so sold, conveyed, assigned or otherwise transferred or purported to be so sold, conveyed, assigned or otherwise transferred) to any Person that is not a Restricted Subsidiary; provided that any such Person that is a Subsidiary meets the qualifications in clauses (1) through (3) of the definition of “Receivables Subsidiary.”

  • Exit Financing means the financing under the Exit Facility.

  • Co-financing means the financing referred to in Section 7.02 (h) and specified in the Loan Agreement provided or to be provided for the Project by the Co-financier. If the Loan Agreement specifies more than one such financing, “Co-financing” refers separately to each of such financings.

  • Restructuring Transactions means the transactions described in Article IV.B of the Plan.

  • Repricing Transaction the prepayment, refinancing, substitution or replacement of all or a portion of the Initial Term Loans (including, without limitation, as may be effected through any amendment, waiver or modification to this Agreement relating to the interest rate for, or weighted average yield of, the Initial Term Loans), (a) if the primary purpose of such prepayment, refinancing, substitution, replacement, amendment, waiver or modification is (as reasonably determined by the Borrower in good faith, which determination shall be conclusive) to refinance the Initial Term Loans at a lower “effective yield” (taking into account, among other factors, margin, upfront or similar fees or original issue discount shared with all providers of such financing, but excluding the effect of any arrangement, commitment, underwriting, structuring, syndication or other fees payable in connection therewith that are not shared with all providers of such financing, and without taking into account any fluctuations in the Adjusted LIBOR Rate, but including any LIBOR floor or similar floor that is higher than the then applicable Adjusted LIBOR Rate), (b) if the prepayment, refinancing, substitution, replacement, amendment, waiver or modification is effectuated by the incurrence by the Borrower or any Restricted Subsidiary of new Indebtedness, such new Indebtedness is broadly marketed or syndicated first lien secured bank financing, and (c) if such prepayment, refinancing, substitution, replacement, amendment, waiver or modification results in first lien secured bank financing having an “effective yield” (as reasonably determined by the Administrative Agent, in consultation with the Borrower, consistent with generally accepted financial practices, after giving effect to, among other factors, margin, upfront or similar fees or original issue discount shared with all providers of such financing (calculated based on assumed four-year average life and without present value discount), but excluding the effect of any arrangement, commitment, underwriting, structuring, syndication or other fees payable in connection therewith that are not shared with all providers of such financing, and without taking into account any fluctuations in the Adjusted LIBOR Rate, but including any LIBOR floor or similar floor that is higher than the then applicable Adjusted LIBOR Rate) that is less than the “effective yield” (as reasonably determined by the Administrative Agent, in consultation with the Borrower, on the same basis) of the Initial Term Loans prior to being so prepaid, refinanced, substituted or replaced or subject to such amendment, waiver or modification to this Agreement.

  • PIPE Financing has the meaning set forth in the recitals to this Agreement.

  • Alternative Acquisition Agreement has the meaning set forth in Section 5.3(d).

  • New Financing has the meaning specified in Section 2.04(a).

  • M&A Transaction means (a) a transaction in which all or substantially all of the assets to which the subject matter of this Agreement relates are acquired by or assigned to party that is not an Affiliate, or (b) a sale of all or substantially all of the share capital of BioLine (or its Affiliates), (c) the merger of BioLine (or its Affiliates) with any other entity, or any other similar corporate action, except an internal reorganization of BioLine (or its Affiliates) for tax-related reasons otherwise.

  • SPAC Transaction means a transaction or series of related transactions by merger, consolidation, share exchange or otherwise of the Company with a publicly traded “special purpose acquisition company” or its subsidiary (collectively, a “SPAC”), immediately following the consummation of which the common stock or share capital of the SPAC or its successor entity is listed on the Nasdaq Stock Market, the New York Stock Exchange or another exchange or marketplace approved by the Board of Directors, including a majority of the Preferred Directors.

  • Closing Transactions has the meaning set forth in Section 11.8(a) of these Bylaws.

  • Qualified Securitization Transaction means any transaction or series of transactions that may be entered into by the Company or any of its Restricted Subsidiaries pursuant to which the Company or any of its Subsidiaries may sell, convey or otherwise transfer to:

  • Existing Financing means the financing arrangements that provided for a security interest granted by Company in the Aircraft and that were outstanding on August 3, 2020.

  • Permitted Securitization Transaction Any financing transaction undertaken by the Seller or an Affiliate of the Seller that is secured, directly or indirectly, by the Collateral or any portion thereof or any interest therein, including any sale, lease, whole loan sale, asset securitization, secured loan or other transfer.

  • Replacement Transaction means, with respect to any Terminated Transaction or group of Terminated Transactions, a transaction or group of transactions that (i) would have the effect of preserving for Party B the economic equivalent of any payment or delivery (whether the underlying obligation was absolute or contingent and assuming the satisfaction of each applicable condition precedent) by the parties under Section 2(a)(i) in respect of such Terminated Transaction or group of Terminated Transactions that would, but for the occurrence of the relevant Early Termination Date, have been required after that Date, and (ii) has terms which are substantially the same as this Agreement, including, without limitation, rating triggers, Regulation AB compliance, and credit support documentation, save for the exclusion of provisions relating to Transactions that are not Terminated Transaction, as determined by Party B in its sole discretion, acting in a commercially reasonable manner.

  • Financing Event means the earlier of (i) a public offering by the Company of its Common Stock with aggregate gross proceeds of at least $5 million; or (ii) the listing of the Company’s Common Stock on a National Securities Exchange, as such term is defined under the Exchange Act.

  • Roll-Up Transaction means a transaction involving the acquisition, merger, conversion or consolidation either directly or indirectly of the Company and the issuance of securities of a Roll-Up Entity to the holders of Common Shares. Such term does not include:

  • Incremental Facility Closing Date has the meaning set forth in Section 2.14(d).