Amended Commitment Letter definition
Examples of Amended Commitment Letter in a sentence
Except as set forth herein, this Agreement supersedes all prior agreements between the parties with respect to its subject matter, including, without limitation, the Commitment Letter, the Amended Commitment Letter, the Term Sheet and the Amended Term Sheet and constitutes (along with the documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter.
In the event of any litigation or dispute involving this Agreement, the Amended Commitment Letter and/or the Amended Term Sheet, the Purchasers shall not be responsible or liable to the Company or any other Person for any special, indirect, consequential, incidental or punitive damages.
Pursuant to the terms of the Amended Commitment Letter and the Amended Term Sheet, Onex Corporation has previously received an initial payment of $1,750,000.00 (the "Initial Installment") of the Commitment Fee.
The Arrangers will not use confidential information obtained from you by virtue of the transactions contemplated by this Amended Commitment Letter or their other relationships with you in connection with the performance by the Arrangers of services for other companies, and the Arrangers will not furnish any such information to other companies.
As a commitment fee for entering into the Amended Commitment Letter and causing certain of its Affiliates to enter into this Agreement, Onex Corporation , the parent company of certain of the Purchasers, is entitled to receive a fee (the "Commitment Fee") equal to 1.75% of the aggregate purchase price for all of the Shares purchased by all of the Purchasers.
The parties hereto hereby waive, to the fullest extent permitted by applicable law, any right to trial by jury with respect to any action or proceeding arising out of or relating to this Amended Commitment Letter or the Fee Letter.
You also acknowledge that the Arrangers have no obligation to use in connection with the transactions contemplated by this Amended Commitment Letter, or to furnish to you, confidential information obtained from other companies.
In consideration of the execution and delivery of this Amended Commitment Letter by the Bank Parties, you agree to pay the fees and expenses set forth in the Term Sheet and in the Amended and Restated Fee Letter dated the date hereof (the “Fee Letter”) as and when payable in accordance with the terms thereof.
Initial Conditions The availability of the Credit Facility on the Closing Date is subject to the conditions set forth on Exhibit B to the Amended Commitment Letter.
Capitalized terms used but not defined herein have the meanings assigned to them in the Amended Commitment Letter to which this Exhibit B is attached and of which it forms a part.