Examples of Exit ABL Facility Agreement in a sentence
On the Effective Date, the Reorganized Debtors will enter into the Exit ABL Facility Agreement and the Exit Facility Credit Agreement.
Any Entity’s entry into the Exit ABL Facility Agreement shall be deemed as its agreement to the terms of such Exit ABL Facility Agreement, as amended or modified from time to time following the Effective Date in accordance with its terms.
The terms and conditions of the Exit ABL Facility Agreement shall bind Reorganized Blackhawk and each other Entity that enters into such Exit ABL Facility Agreement as a guarantor.
Even if the Exit ABL Facility Agreement and the Exit Term Facility Agreement are entered into, any inability of the Reorganized Debtors to remain in compliance with their covenants thereunder could restrict the ability of the Reorganized Debtors to fully access the maximum amount that may be borrowed thereunder.
While the Debtors believe that these risks are mitigated in part by the fact that the Exit ABL Facility and the Exit Term Facility are expected to be provided by the Majority Consenting Term Lenders and the DIP ABL Facility Consenting Lenders, as applicable, these uncertainties with respect to the Exit ABL Facility Agreement and the Exit Term Facility Agreement may nonetheless materially impair the functioning of the business or the Debtors or the Reorganized Debtors, as applicable.
The objective of this policy is to monitor the marketplace and, when considered appropriate, fix exchange rates using forward contracts to reduce the risk exposures related to purchases made in foreign currencies.