Borrower Reorganization definition

Borrower Reorganization has the meaning ascribed to such term in the Recitals. DECLARATION OF MXXXXXX XXXXXXXXXX, EXHIBIT B PAGE 152 Case 2:15-cv-01350-JLR Document 357-2 Filed 06/23/16 Page 132 of 208
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Borrower Reorganization has the meaning ascribed to the term "Reorganization" in the Registration Statement.
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Borrower Reorganization means the reorganization of the Borrower as described in the letter of even date herewith from the Agent and Lenders to the Borrower.
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Examples of Borrower Reorganization in a sentence

  • Except with respect to the SEC Action and subject to the terms and conditions of the Court Order, including without limitation subject to all terms, conditions and releases applicable to the Borrower Reorganization, there are no Claims or investigations by or before any court or Governmental Authority, pending, or to the best of Borrower’s knowledge and belief, threatened against or affecting Borrower’s business or the Property.

  • For purposes of clarification, any financial or other similar statements prepared prior to the Effective Date, including without limitation any financial statements prepared by Borrower, Receiver, or any party on behalf or at the request of Borrower and/or Receiver in connection with the SEC Action and the Borrower Reorganization are expressly not included in or made a part of this Section 3.7.

  • Immediately upon the occurrence of the Borrower Reorganization Transactions as notified in writing by PetroChoice Holdings, Inc.

  • The proceeds of all Revolving Credit Advances shall be used by the Borrower to facilitate payments required in connection with the Borrower Reorganization and for general working capital purposes not to exceed $10,000,000; PROVIDED, HOWEVER, that $20,000,000 of the Revolving Credit Advances shall be reserved and used for the payment in full of the Cohex Xxxes on or before their stated maturity on June 30, 2000.

  • Since the date of the balance sheet contained in the 1997 Financial Statements, there has been no material adverse change in the business or assets or in the condition, financial or otherwise, of Borrower, and other than the proposed Borrower Reorganization, Borrower has not entered into any transaction outside of the ordinary course of business which is material to Borrower.

  • If the Borrower Reorganization has not occurred by March 31, 2013, the Borrower shall pay the Lender an additional fee of $260,000.00 on March 31, 2013.

  • Since the date of the balance sheet contained in the 2000 Financial Statements, there has been no material adverse change in the business or assets or in the condition, financial or otherwise, of Borrower, and other than the proposed Borrower Reorganization, Borrower has not entered into any transaction outside of the ordinary course of business which is material to Borrower.

  • Borrower Reorganization shall have occurred in a manner satisfactory to Administrative Agent.


More Definitions of Borrower Reorganization

Borrower Reorganization means the corporate reorganization with respect to Parent, Borrower and certain Project Owners and Intermediate Entities to occur on or before the Effective Date pursuant to which the Project Owners and Intermediate Entities with respect to all Approved Subdivisions become direct or indirect Wholly-Owned Subsidiaries of Borrower in a manner consistent with the organization chart set forth on Exhibit B.
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Borrower Reorganization shall have the meaning given to such term in Section 8.2(j).
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Borrower Reorganization has the meaning ascribed to such term in the Recitals.
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Borrower Reorganization means a substantive acquisition by the Borrower, as determined by the Lender in its reasonable discretion, of Oil and Gas Properties providing a reasonable expectation of the opportunity for the Borrower to recover oil and/or natural gas liquids.
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Related to Borrower Reorganization

  • Capital Reorganization has the meaning ascribed thereto in subsection 2.12(4);

  • Permitted Reorganization means re-organizations and other activities related to tax planning and re-organization, so long as, after giving effect thereto, the security interest of the Lenders in the Collateral, taken as a whole, is not materially impaired.

  • Initial Borrowing Date means the date occurring on or after the Effective Date on which the initial Borrowing of Loans occurs.

  • Borrower Related Party As defined in Section 3.33 of this Agreement.

  • Initial Borrowing means the first Borrowing made pursuant to this Agreement.

  • Corporate Reorganization means any change in the legal existence of any Subject Entity (other than a Capital Reorganization) including by way of amalgamation, merger, winding up, continuance or plan of arrangement.

  • Borrower/s means and refers to jointly and severally to the Applicants (more particularly described in the Application Form) who has/have been sanctioned/granted/disbursed the Loan by ABFL pursuant to the relevant Application Form submitted by such applicants to ABFL for availing of the Loan and depending upon the nature of the Borrower/s, shall, unless repugnant to the context or meaning thereof, be deemed to include his/her legal heirs, executors and administrators;

  • Parent Borrower as defined in the preamble hereto.

  • Pre-Acquisition Reorganization has the meaning set out in Section 6.8;

  • Borrower Representative has the meaning assigned to such term in Section 11.01.

  • Initial Borrower has the meaning specified in the preamble hereto.

  • The Borrower has advised the Banks that the Borrower has entered into an Agreement and Plan of Merger and Reorganization, dated as of February 10, 2000 (the "Merger Agreement"), among the Borrower, Opticare Health Systems, Inc. (the "Parent"), and OC Acquisition Corp., a wholly-owned subsidiary of the Parent ("Merger Sub"), pursuant to which the parties intend to merge Merger Sub with and into the Borrower subject to the terms and conditions thereof which include, among other things, restructuring the Obligations owing to the Banks on terms and conditions mutually agreed upon by the Borrower and the Banks. While the Borrower and the Banks have initiated discussions and due diligence concerning the Merger and any proposed restructuring of the Obligations, the Borrower acknowledges that the Banks have not consented to the Merger nor have the Banks agreed to any terms and conditions relating to any restructuring of the Obligations. In the meantime, however, the Borrower intends to continue to sell the remaining physician practice management groups operated by the Borrower and its Subsidiaries (collectively being referred to herein as the "PPM Businesses") and use a portion of the proceeds from the sale of the PPM Businesses to meet its reasonable and necessary operating expenses. To afford the Borrower an opportunity to proceed with the transactions described above, the Borrower has requested that (i) the Banks extend the temporary waiver period provided for in Sections 2.1 and 2.2 of that certain Seventh Amendment and Waiver to Credit Agreement dated as of December 10, 1999, among the Borrower, the Banks, and the Agent (the "Seventh Amendment") (as further amended, in part, by a December 30, 1999, letter agreement, a February 29, 2000, letter agreement, a March 24, 2000, letter agreement, and an April 14, 2000, letter agreement, and a May 5, 2000, letter agreement, in each case between the Borrower, the Banks and the Agent) and, in addition, that the Banks temporarily waive any non-compliance by the Borrower as of December 31, 1999, and as of March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements, in each case to the earlier of June 2, 2000, or the termination of the Merger Agreement pursuant to its terms (the earlier of such dates being referred to herein as the "Waiver Termination Date"), (ii) Bank of Montreal extend the Bridge Loan Period from May 19, 2000, to the Waiver Termination Date, and (iii) postpone the due date for the payment of principal, interest and unused commitment fees otherwise due on or before May 19, 2000, to the Waiver Termination Date. By signing below, the Banks (including Bank of Montreal with respect to the Bridge Loan Commitment) hereby agree to extend the waiver period provided in Sections 2.1 and 2.2 of the Seventh Amendment from May 19, 2000, to the Waiver Termination Date, temporarily waive any non-compliance by the Borrower as of December 31, 1999, and March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements through the period ending on the Waiver Termination Date, agree to extend the Bridge Loan Period to the Waiver Termination Date, and agree to postpone the due date for the payment of principal, interest, and unused commitment fees otherwise due on or before May 19, 2000, to the Waiver Termination Date, provided that:

  • Designated Borrower Notice has the meaning specified in Section 2.14.

  • U.S. Borrower means any Borrower that is a U.S. Person.

  • Borrower Agent as defined in Section 4.4.

  • Designated Borrower Request and Assumption Agreement has the meaning specified in Section 2.14.

  • Mortgage Loan Borrower Related Party shall have the meaning assigned to such term in Section 13.

  • Borrower Notice means a written notice, in the form of Exhibit A, to be used for each borrowing, repayment of each Advance or termination or reduction of the Facility Amount or Prepayments of Advances.

  • Pre-Closing Reorganization has the meaning set forth in the Recitals.

  • Borrower Agreement shall have the meaning provided such term in Section 3(a) hereof.

  • Lead Borrower has the meaning assigned to such term in the preamble of this Agreement.

  • Common Share Reorganization has the meaning set forth in Section 4.1;

  • Authorized Borrower Representative means a person at the time designated and authorized to act on behalf of the Borrower by a written certificate furnished to the Governmental Lender, the Funding Lender, the Fiscal Agent and the Servicer and containing the specimen signature of such person and signed on behalf of the Borrower by its Borrower Controlling Entity which certificate may designate one or more alternates.

  • Borrowing Date any Business Day specified by the Borrower as a date on which the Borrower requests the relevant Lenders to make Loans hereunder.

  • U.S. Borrowing Base means, as of any date of determination, the result of:

  • Proposed Borrowing Base has the meaning assigned to such term in Section 2.07(c)(i).