Examples of Discounted Buyback in a sentence
For the avoidance of doubt, no Lender shall be obligated to participate in a Discounted Buyback.
The Lenders hereby consent to the transactions described in this Section 1.7(d) (including, without limitation, any non-pro rata payments made to Lenders in accordance with the terms of this Section 1.7(d)) and waive the requirements of any provision of this Agreement or any other Loan Document that might otherwise result in an Event of Default as a result of a Discounted Buyback or an open market purchase.
The foregoing provisions shall not apply with respect to any Discounted Buyback or open market purchase, in each case, governed by Section 1.7(d).
The foregoing provisions shall not apply with respect to any Discounted Buyback governed by Section 2.7(d).
The par principal amount of the Term Loans prepaid pursuant to this Section 2.7(d) shall be deemed immediately cancelled upon payment of the applicable Discounted Buyback.
The making of a Discounted Buyback shall be deemed to be a representation and warranty by Borrower that all conditions precedent to such Discounted Buyback set forth in this Section 1.7(d) were satisfied in all respects.
Each Discounted Buyback shall be consummated pursuant to procedures (including as to timing, rounding and minimum amounts, type and Interest Periods of accepted Term Loans, conditions for terminating a Discounted Buyback or rescinding an acceptance of prepayment, forms of other notices (including notices of offer and acceptance) by Borrower and Lenders and determination of Applicable Discount Price) established by Agent acting in its reasonable discretion in consultation with Borrower.
Notwithstanding anything to the contrary provided in this Agreement or any other Loan Document, Borrower shall not be permitted to make any Discounted Buyback if after giving effect thereto (and subsequent to the retirement or extinguishment of such Term Loans) the (x) Restricted Lenders or (y) Independent Debt Fund Affiliates would hold a greater aggregate principal amount of Indebtedness than is permitted by Section 9.10.
So long as no Default or Event of Default has occurred and is continuing on both the date a Discounted Buyback Notice (as defined below) is delivered to Agent and Lenders and the date a Discounted Buyback (as defined below) is made (both before and after giving effect thereto), Borrower shall be permitted to make voluntary prepayments of the Term Loans from internally generated funds (each, a “Discounted Buyback”) during the term of this Agreement pursuant to the provisions of this Section 2.7(d).
The foregoing provisions shall not apply with respect to any Discounted Buyback governed by Section 1.7(d).