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
Sample 1
Borrower Reorganization has the meaning ascribed to such term in the Recitals.
Sample 1
Borrower Reorganization has the meaning ascribed to the term "Reorganization" in the Registration Statement.
Sample 1

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.

  • Section 7.11(e)(ii) of the Existing Loan Agreement is hereby amended by adding “and, following the Permitted Borrower Reorganization, the Borrower” immediately following “ADC USA” therein.

  • Section 7.9 of the Existing Loan Agreement is hereby amended by adding “or, solely with respect to a Permitted Borrower Reorganization, the surviving entity is a corporation organized under the laws of the State of Delaware and has complied with all of the applicable requirements set forth in such definition” immediately after “the Borrower is the surviving entity” in clause (ii) thereof.

  • The availability of the Offer to persons not resident in Singapore may be affected by the laws of the relevant jurisdictions.

  • The definition of “Common Shares” in the Existing Loan Agreement is hereby amended and restated in its entirety to read as follows: “Common Shares” means (i) prior to the consummation of the Permitted Borrower Reorganization, the common shares, par value CHF 0.08 per share, of the Borrower and (ii) from and after the consummation of the Permitted Borrower Reorganization, the common stock of the Borrower.


More Definitions of Borrower Reorganization

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.
Sample 1
Borrower Reorganization shall have the meaning given to such term in Section 8.2(j).
Sample 1
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.
Sample 1
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.
Sample 1

Related to Borrower Reorganization

  • Capital Reorganization shall have the meaning set forth in Section 4.3.

  • Permitted Reorganization means any reorganizations and other activities related to tax planning and tax reorganization, so long as, after giving effect thereto, the enforceability of the Note Guarantees, taken as a whole, are 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 by the Borrower under this Agreement.

  • Corporate Reorganization means any change in the legal existence of any Obligor (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 set forth in the preamble hereto.

  • The Borrower has advised the Banks that the Borrower is currently working on a revised business plan which will include, among other things, a request to restructure 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 concerning the proposed restructuring of the Obligations, the Borrower acknowledges that the Banks have not 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, an April 14, 2000, letter agreement, a May 5, 2000, letter agreement, a May 19, 2000, letter agreement, a June 1, 2000, letter agreement, a June 9, 2000, letter agreement, a June 16, 2000, letter agreement, a June 29, 2000, letter agreement, a July 21, 2000, letter agreement, an August 11, 2000, letter agreement, and a September 8, 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, as of March 31, 2000, as of June 30, 2000, and as of September 30, 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 October 13, 2000 (the "Waiver Termination Date"), (ii) Bank of Montreal extend the Bridge Loan Period from September 29, 2000, to the Waiver Termination Date, and (iii) amend the due date for the payment of principal, interest and unused commitment fees otherwise due on or before September 30, 2000, with respect to the Revolving Credit and the Term Loans (including such payments described in Sections 2.1 and 2.2 of the Seventh Amendment) 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 September 29, 2000, to the Waiver Termination Date, temporarily waive any non-compliance by the Borrower as of December 31, 1999, as of March 31, 2000, as of June 30, 2000, and as of September 30, 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 amend the due date for the payment of principal, interest, and unused commitment fees otherwise due on or before September 30, 2000, with respect to the Revolving Credit and the Term Loans (including such payments described in Sections 2.1 and 2.2 of the Seventh Amendment) 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 has the meaning specified in Section 7.12(b)(iv).

  • 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).