Examples of Burlington Agreement in a sentence
The Company will not, and will not permit any of its Subsidiaries to, consent to any material amendment, supplement or other modification to any of the terms and provisions of the Burlington Agreement or the Difco Agreement.
The Borrowers will not, and will not permit any of their Subsidiaries to, consent to any amendment, supplement or other modification of any of the terms or provisions contained in, or applicable to, any Material Contracts, including the Burlington Agreement, nor will Alliance Plc or Difco consent to any amendment, supplement or other modification of any of the terms or provisions contained in, or applicable to, the Difco Agreement.
W&T shall have made arrangements under the Credit Agreement with the lenders parties thereto and Toronto Dominion Bank, as Administrative Agent (the "Credit Agreement"), in form and substance reasonably satisfactory to the Purchasers, to permit borrowing of up to $180.0 million thereunder, contingent upon the closing of the transactions contemplated by the Burlington Agreement, or $130.0 million, not contingent upon the closing of the transactions contemplated by the Burlington Agreement.
As of the Closing Time, after giving effect to the consummation of the transactions contemplated hereunder W&T's total stockholder equity shall equal at least $180,000,000, calculated without giving effect to any adjustment to the balance sheet of W&T resulting from the change to the accrual method of accounting or the transactions contemplated by the Burlington Agreement.
Sellers and Buyer are entering into the Burlington Agreement in the form of Exhibit N in respect of the Burlington Transaction and a Jamestown Facility Rights Agreement in the form of Exhibit N-1.
The Burlington Agreement shall be in full force and effect and shall not have been amended or modified in any manner materially adverse to W&T.
The Burlington Agreement shall not be amended or modified in any manner adverse to W&T without the prior written consent of FS Private Investments III LLC.
The release of the Designated Leases shall in no way limit, modify, affect, or impair the rights of the Collateral Agent to continue to hold the balance of the Collateral to secure the Liabilities, including, without limitation, the rights of the Borrowers under the Burlington Agreement (including, without limitation, with respect to the letter of credit issued on behalf of Burlington Coat Factory Warehouse Corporation in favor of VCDS LLC thereunder).
W&T shall deliver to FS Private Investments III LLC promptly upon the occurrence thereof, notice of any proposed amendment or modification to the Burlington Agreement, or of any information relating to any material event, development or circumstance with respect to or affecting the Burlington Agreement, or the ability of any party thereto to perform its obligations under the Burlington Agreement or consummate the transactions contemplated thereby.