Existing Debt Documents definition

Existing Debt Documents has the meaning set forth in Section 6.14.

Existing Debt Documents means, collectively, the SVU 2016 Notes, the SVU Indenture (but solely in respect of the SVU 2016 Notes) and any other notes, indentures, instruments or other agreements evidencing, governing or related to any other Material Indebtedness or securitization arrangements of the Borrower or any of its Subsidiaries incurred after the Closing Date with a maturity prior to the date that is five years from the Closing Date.

Existing Debt Documents means (i) that certain term loan Facility, dated March 14, 2016 (as amended, restated, supplemented or otherwise modified prior to the date hereof), executed by and between Barclays Bank plc and Target and/or its Affiliates, and (ii) that certain Amendment and Restatement Deed, dated September 30, 2011( as amended and restated on September 18, 2017, November 23, 2017 and November 2, 2018 and as further amended, restated, supplemented or otherwise modified prior to the date hereof) by and among Target and/or its Affiliates, as the group companies, the loan note holders and the Xxxx Xxxxxxx, as the security trustee.

Examples of Existing Debt Documents in a sentence

• The Board shall declare the Dividends payable in cash to be paid on each quarterly Dividend Payment Date unless such cash payment would, in the Company’s reasonable judgement, constitute a breach or default under the Existing Debt Documents or the Corporation is otherwise prohibited, limited or otherwise restricted under the Existing Debt Documents or the laws of the State of Delaware from making such cash payment.

• Each of the Other Existing Debt Documents is a valid and binding agreement of the parties thereto and is in full force and effect.

• To the Buyers’ knowledge, Exhibit E contains a complete list of all Existing Debt Documents to which any of UPREIT LLC or the Subject Companies is subject or by which any of their properties or assets may be bound.

• Neither the Company nor any Subsidiary is in default under any of the provisions of any indenture, loan agreement, credit agreement, lease or other agreement or instrument to which it is party (excluding this Agreement and the Other Existing Debt Documents) which default could reasonably be expected to have a material adverse effect on the business, financial position, operations or properties of the Company and its Subsidiaries, considered as a whole.

• In no way limiting the generality of the foregoing, in connection with its efforts to assume of the Existing Debt, Buyer shall have the right to request certain modifications to the Existing Debt Documents from the lender(s) thereunder as it deems necessary or appropriate in its reasonable discretion.

More Definitions of Existing Debt Documents

Existing Debt Documents means any and all of the documents or instruments governing the Existing Debt.

Existing Debt Documents means, collectively, (i) the Certificate of Designations, Preferences, Rights and Limitations of the Existing Preferred Stock, (ii) the Term Loan Agreement, dated as of February 27, 2017, by and among the Corporation, Daseke Companies, Inc., JPMorgan Chase Bank, N.A., as administrative agent, the financial institutions party thereto and the other parties thereto and (iii) the Fifth Amended and Restated Revolving Credit and Security Agreement, dated as of February 27, 2017, by and among the Corporation, Daseke Companies, Inc., PNC Bank, National Association, as lender and agent, the financial institutions party thereto and the other parties thereto, in each case as amended, restated, amended and restated, supplemented or otherwise modified from time to time or replaced in connection with any refinancing thereof.

Existing Debt Documents means, collectively, (a) the Revolving Credit Agreement, (b) each indenture and supplemental indenture governing the Senior Notes, (c) the Existing Securitization Purchase Agreement and (d) the Revolving Credit Note dated as of March 8, 2013, as amended, between the Borrower and Citizens Bank of Pennsylvania.

Existing Debt Documents means (a) the Credit Agreement, dated as of November 14, 2016, as amended, among Fusion NBS Acquisition Corp., East West Bank, as Administrative Agent, Swingline Lender, an Issuing Bank and a Lender, and the other lenders party thereto, (b) the Fifth Amended and Restated Securities Purchase Agreement and Security Agreement, dated as of November 14, 2016, as amended, among Fusion NBS Acquisition Corp., the Borrower, the subsidiaries of the Borrower guarantors thereto, Praesidian Capital Opportunity Fund III, LP, as Agent, and the lenders party thereto, (c) that certain Second Amended and Restated Unsecured Promissory Note, dated November 14, 2016, payable by the Borrower to Xxxxxx Xxxxx and (d) the Credit Agreement, dated as of July 18, 2014, as amended, among the Acquired Company, Birch Communications, Inc., Cbeyond, Inc., the other guarantors party thereto, the lenders party thereto and PNC Bank, National Association, as Administrative Agent.

Existing Debt Documents means (a) the Amended and Restated Credit Agreement dated as of August 11, 2005, as amended and restated as of June 9, 2009, as further amended by the First Refinancing Amendment dated as of January 31, 2011, as further amended by the Second Refinancing and Incremental Amendment dated as of March 11, 2011, as further amended by the Third Amendment dated as of November 10, 2011, as further amended by the Fourth Amendment and Restatement Agreement dated as of March 2, 2012, as further amended by the Fifth Amendment and Restatement Agreement dated as of December 17, 2012, as further amended by the Sixth Amendment and Restatement Agreement dated as of March 8, 2013, and as further amended by the Seventh Amendment and Restatement Agreement dated as of February 7, 2014, by and among SunGard Data Systems Inc., SunGard Holdco LLC, the Lenders from time to time party thereto, and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders, Swing Line Lender and L/C Issuer, as it may be further amended, restated, refinanced or otherwise modified from time to time., (b) the Second Amended and Restated Credit and Security Agreement, dated as of December 19, 2012, by and among SunGard AR Financing LLC, as the Borrower, the financial institutions signatory thereto from time to time as the Lenders, and General Electric Capital Corporation as Lender, as Swing Line Lender and as Administrative Agent, as it may be further amended, restated, refinanced or otherwise modified from time to time, (c) the Indenture, dated as of November 16, 2010, among SDS, Guarantors named therein and The Bank of New York Mellon, as Trustee, relating to SDS’s 7 3⁄8% Senior Notes due 2018, (d) the Indenture, dated as of November 16, 2010, among SDS, Guarantors named therein and The Bank of New York Mellon, as Trustee, relating to SDS’s 7 5⁄8% Senior Notes due 2020 and (e) the Indenture, dated as of November 1, 2012, among SDS, Guarantors named therein and The Bank of New York Mellon, as Trustee, relating to SDS’s 6 5⁄8% Senior Subordinated Notes due 2019.

Existing Debt Documents means that certain Credit Agreement dated as of July 31, 2006 by and among Parent, Xxxxxxxxxx-Xxxxxxx France S.A.R.L. and Xxxxxxxxxx-Xxxxxxx Enterprises S.A.S. and each other Credit Document (as defined therein).

Existing Debt Documents means any loan document, note document or similar term as used or defined in any credit agreement, indenture or other definitive document governing any Existing Debt.