Certain Funds Purpose means to:
Certain Funds Purpose means one or more of the purposes set out in Section 5.8(b).
Certain Funds Purpose means one or more of the purposes set out in Section 7.11(b).
Examples of Certain Funds Purpose in a sentence
Proceeds from the Advances under the Credit Facilities shall only be used by the Borrower for a Certain Funds Purpose.
Subject to the terms and conditions hereof, each Lender severally agrees to make Loans to the Borrower in Sterling, (x) from time to time on any Business Day during the Availability Period for any Certain Funds Purpose other than the Target Refinancing and (y) on the Closing Date, to fund the Target Refinancing, if any, in each case, in an aggregate amount not to exceed such Lender’s Commitment.
The proceeds of the Loans made under this Agreement will be used for the Certain Funds Purpose substantially simultaneously with the receipt thereof.
Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make a Loan to the Borrower in Sterling in a single draw on the Closing Date for any Certain Funds Purpose in an aggregate amount not to exceed such Lender’s Commitment.
More Definitions of Certain Funds Purpose
Certain Funds Purpose where the Target Acquisition proceeds by way of a Scheme:
Certain Funds Purpose means (a) the payment of all or part of the cash price payable by Bidco to the holders of the Target Shares (including, if the Offer is consummated and Bidco becomes legally obligated to purchase Target Shares, by funding Loans into the Escrow Account for such purpose) and (b) the payment of the fees, costs and expenses incurred or payable by Terex or Bidco in connection with the Acquisition.
Certain Funds Purpose means the purpose set out in paragraph (a)(i), (ii) (but only to the extent it relates to the DB Facility), (iii) (but only to the extent it relates to the Existing 2004 Facility) and (vii) of Clause 3.1 (Purpose).
Certain Funds Purpose means the payment directly or indirectly of the Target Acquisition consideration, refinancing of certain existing Indebtedness of the Target and its Subsidiaries, and related Transaction Costs.
Certain Funds Purpose means the consummation of any portion of the Target Acquisition (including, for the avoidance of doubt, any initial or subsequent purchase of Target shares during the Certain Funds Period) and/or the payment of any portion of the Transaction Costs.
Certain Funds Purpose means one or more of the purposes set out in Section 7.11(b). “Certain Funds Sublimit” means an amount equal to $385,000,000. The Certain Funds Sublimit is part of, and not in addition to, the Aggregate Revolving Commitments, and shall expire at the end of the Certain Funds Period. “Change in Law” means the occurrence, after the date of this Agreement, of any of the following: (a) the adoption or taking effect of any law, rule, regulation or treaty, (b) any change in any law, rule, regulation or treaty or in the administration, interpretation, implementation or application thereof by any Governmental Authority or (c) the making or issuance of any request, rule, guideline or directive (whether or not having the force of law) by any Governmental Authority; provided, that, notwithstanding anything herein to the contrary, (x) the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and all requests, rules, guidelines or directives thereunder or issued in connection therewith and (y) all requests, rules, guidelines or directives promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or any successor or similar authority) or the United States or foreign regulatory authorities, in each case pursuant to Basel III, shall in each case be deemed to be a “Change in Law”, regardless of the date enacted, adopted or issued. “Change of Control” means if any Person or Persons acting in concert, together with the Affiliates thereof, shall become in the aggregate, directly or indirectly, the “beneficial owner” (as defined in Rules 13d-3 and 13d-5 under the Exchange Act) of more than 50% (by number of shares) of the issued and outstanding Voting Stock of the Company. “City Code” means the City Code on Takeovers and Mergers. “Closing Date” means the date hereofMarch 1, 2013. “Commitment” means, as to each Lender, the Revolving Commitment of such Lender.
Certain Funds Purpose. (a) where the Target Acquisition proceeds by way of a Scheme: (i) payment (directly or indirectly) of the cash price payable by the Borrower or any Acquisition Co (if any) to the holders of the Scheme Shares in consideration of such Scheme Shares being acquired by the Borrower or any Acquisition Co (if any); (ii) repayment (directly or indirectly) of any loan notes issued by the Borrower or any Acquisition Co (if any) to the holders of the Scheme Shares in consideration for such Scheme Shares being acquired pursuant to the Scheme; (iii) financing (directly or indirectly) the consideration payable to holders of options to acquire Target Shares pursuant to any proposal in respect of those options as required by the City Code; (iv) financing (directly or indirectly) the repayment of any existing indebtedness of any member of the Target Group; (v) financing (directly or indirectly) the making of any close-out amount or other amount payable on termination of any hedging arrangements of any member of the Target Group; and (vi) financing (directly or indirectly) the fees, costs and expenses in respect of the Transactions and any stamp duty and any other taxes payable in connection with the Target Acquisition; or (b) where the Target Acquisition proceeds by way of a Takeover Offer: (i) payment (directly or indirectly) of all or part of the cash price payable by the Borrower or any Acquisition Co (if any) to the holders of the Target Shares subject to the Takeover Offer in consideration of the acquisition of such Target Shares pursuant to the Takeover Offer; - 5 - Active.28128860.17