Existing Borrowing definition
Examples of Existing Borrowing in a sentence
Within one hundred twenty (120) days subsequent to the Closing Date, use commercially reasonable efforts to obtain executed estoppels and subordination, non-disturbance and attornment agreements from each tenant of an Existing Borrowing Base Property party to a Major Lease in existence as of the Closing Date, to the extent not already obtained.
The Borrower further acknowledges that it has received notice of such Existing Borrowing Base Deficiency pursuant to Section 2.07(f)(i) of the Credit Agreement.
Upon the Effective Date, the Existing Limited Guaranty is hereby amended by amending and restating the definition of “Borrower” therein to mean and refer to individually and collectively, as context so requires, both Existing Borrowing and New Borrower.
The Company, the Existing Borrowing Subsidiaries, the Administrative Agent and the Lenders are party to that certain Second Amended and Restated Long-Term Credit Agreement dated as of July 21, 2011 (the “Credit Agreement”).
For the avoidance of doubt, if the Existing Borrowing Base Deficiency or any other Borrowing Base Deficiency exists upon termination of the Waiver Period, an Event of Default shall be deemed to have occurred for all purposes immediately upon such termination of the Waiver Period.
The Borrower shall apply all amounts borrowed by it under the Facility towards refinancing the Existing Borrowing.
For the avoidance of doubt, if any of the Existing Borrowing Base Deficiencies or any other Borrowing Base Deficiency exists upon termination of the Waiver Period, an Event of Default shall be deemed to have occurred for all purposes immediately upon such termination of the Waiver Period.
Other than as set forth in this Section 2.1(c), the Borrowing Base shall be calculated in a manner consistent with the Existing Borrowing Base under the Existing First Lien Credit Agreement.
Upon the Effective Date, the Existing Subordination Agreement is hereby amended by amending and restating the definition of “Borrower” therein to mean and refer to individually and collectively, as context so requires, both Existing Borrowing and New Borrower.
Thereafter (including in the case of any Existing Borrowing), a Borrower may elect to convert such Borrowing to a different Interest Type or, in the case of a Eurodollar Borrowing, to continue such Borrowing for one or more additional Interest Periods, all as provided in this Section 2.06.