Existing NPA definition

Existing NPA means that certain $200,000,000 Note Purchase Agreement dated as of February 16, 2018, by and among Holdco, as issuer, Fortis Minerals Holdings, LLC, as parent, U.S. Bank National Association, as agent, and the holders party thereto.

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Existing NPA is defined within the definition of “Material Credit Facility.” “Facility” means any real property including all buildings, fixtures or other improvements located on such real property now, hereafter or heretofore owned, leased, operated or used by the Obligors or any of their Subsidiaries or any of their respective predecessors. “FFO Distribution Allowance” means (a) prior to December 31, 2016, an amount equal to 100% of Funds From Operations for the period commencing January 1, 2016 through any applicable Fiscal Quarter end, and (b) for any four (4) Fiscal Quarter period of the Consolidated Parties ending as of the end of any Fiscal Quarter on or after December 31, 2016, an amount equal to 95% of Funds From Operations for such four (4) Fiscal Quarter period. “Financial Officer Certification” means, with respect to the financial statements for which such certification is required, the certification of the chief financial officer, principal accounting officer, treasurer or controller of the Parent Guarantor that such financial statements fairly present, in all material respects, the financial condition of the Parent Guarantor and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year end adjustments. “Financing Agreements” means, collectively, this Agreement, the Notes, each Subsidiary Guarantee and any other agreement or instrument executed and delivered in connection with this Agreement. “Fiscal Quarter” means a fiscal quarter of any Fiscal Year. “Fiscal Year” means the fiscal year of the Obligors and their Subsidiaries ending on December 31 of each calendar year.

Existing NPA means that certain Note Purchase Agreement dated as of March 8, 2021(as amended by that certain First Amendment to Note Purchase Agreement, dated as of April 30, 2021, as amended by that Second Amendment to Note Purchase Agreement, dated as of May 21, 2021, as amended by that Third Amendment to Note Purchase Agreement, dated as of June 7, 2021, as amended by that Fourth Amendment to Note Purchase Agreement, dated as of October 28, 2021, as amended by that Fifth Amendment to Note Purchase Agreement, dated as of November 24, 2021, as amended by that Sixth Amendment to Note Purchase Agreement, dated as of March 9, 2022, as amended by that Seventh Amendment to Note Purchase Agreement, dated March 25, 2022, as supplemented by that Joinder Agreement, dated as of April 4, 2022, as amended by that Eighth Amendment to Note Purchase Agreement, dated as of October 31, 2022, as amended by that Ninth Amendment to Note Purchase Agreement, dated as of the date hereof, and as it may be further amended, amended and restated, supplemented, increased or otherwise modified, Refinanced or replaced from time to time), among the Terran Orbital Operating Corporation, as issuer, the guarantors from time to time party thereto, the purchasers from time to time party thereto, and Lockheed ▇▇▇▇▇▇.

Examples of Existing NPA in a sentence

• The covenants other than financial covenants (and other covenants that establish limitations based on meeting certain financial ratios or percentages of financial amounts (such as consolidated tangible net worth) shall not in the aggregate be materially more adverse to Transwestern than those contained in the Existing NPA.

• The proceeds of the Loans and the Letters of Credit shall be used (a) to refinance existing Debt of Holdco under the Existing NPA, (b) to provide working capital and for general company purposes, (c) for acquisitions of Oil and Gas Properties and (d) to pay related fees and expenses.

• The parties have agreed to amend, modify, and restate the Existing NPA upon the terms and conditions hereinafter set forth.

• The execution of this Agreement and the Transaction Documents executed in connection herewith does not extinguish the obligations, indebtedness and liabilities outstanding in connection with the Existing NPA nor does it constitute a novation with respect to such obligations, indebtedness and liabilities.

• Each Collateral Agent, on behalf of itself and each Secured Party under the applicable Bridge Notes NPA, Existing NPA, FP NPA or Additional First Lien Debt Facility, agrees that it will (at the sole cost and expense of the Company) take such further action and shall execute and deliver such additional documents and instruments (in recordable form, if requested) as the other parties hereto may reasonably request to effectuate the terms of, and the Lien priorities contemplated by, this Agreement.

• This Agreement amends and restates in its entirety the Existing NPA.

• The Obligors shall have provided to the Purchasers a true, correct and complete copy of the Existing Credit Facility that is in full force and effect as of the Closing, and the Obligors and the noteholders under the Existing NPA shall have executed and delivered an amendment to the Existing NPA, in each case, reflecting covenants and related definitions consistent with the terms of this Agreement.

• The Lender acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of and all interest on this Note shall be pari passu in right of payment and in all other respects to the other Notes issued pursuant to the Purchase Agreement and the Existing NPA, or pursuant to the terms of such Notes.

• The Authorized Representative represents and warrants that the Existing NPA provides that this Agreement is binding upon the Existing Notes Secured Parties.

More Definitions of Existing NPA

Existing NPA means that certain Note Purchase Agreement, dated as of November 16, 2015, by and among the Company, ▇▇▇▇▇▇ REIT and the Purchasers party thereto, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time.