Examples of Exit Financing Agreements in a sentence
On or before the Effective Date, the Plan Debtors may enter into one or more Exit Financing Agreements evidencing any financing arrangements with outside financing sources, which agreement or agreements may include term and/or revolving credit facilities and/or to the extent necessary, implementation of backstop commitments from the Investors for a total of up to $2.0 billion of additional financing pursuant to the Investment Agreements.
Further, the Company assumes that it will be able to refinance the Exit Financing Agreements before maturity, although there can be no assurance of such refinancing.
All Cash necessary for the Reorganized Debtors to make payments pursuant to the Reorganization Plan will be obtained from the Reorganized Debtors' cash balances and operations and borrowings under the Exit Financing Agreements.
In furtherance of the Exit Financing Agreements, pursuant to sections 365 and 1123(a)(5) of the Bankruptcy Code, the Debtors are authorized to assume and assign to one or more of the Exit Financing Borrowers or any other newly created borrowing entities one or more executory contracts and unexpired leases to be assumed under this Plan.
The Debtors reserve the right, subject to the terms of the Plan Support Agreement and the approval rights of the Required Consenting Parties set forth therein and the Exit Financing Agreements and the approval rights of the Exit Commitment Parties set forth therein, to revoke or withdraw the Plan with respect to any or all Debtors before the Confirmation Date and to file subsequent chapter 11 plans.
All Cash necessary for the Reorganized Debtors to make payments pursuant to this Plan will be obtained from Lodgian, Inc., the cash balances, operations and borrowings under the Exit Financing Agreements of the Reorganized Debtors (and their designees, including the Exit Financing Borrowers and any other newly created borrowing entities).
If the Exit Notes are issued, the Exit Notes Registration Rights Agreement (a) shall be effective on, prior to, or subsequent to the Effective Date, (b) shall entitle the Exit Noteholders to registration rights that are customary for a transaction of this nature and (c) shall include such terms as are consistent with those set forth in the Exit Financing Agreements.
On the Effective Date, Reorganized OpCo and the other Reorganized Debtors to be party thereto shall enter into the Exit Facility Documents, including, without limitation, any documents required in connection with the creation or perfection of Liens in connection therewith, in accordance with the Exit Financing Agreements and Exit Financing Order.
The Reorganizing Debtors' ability to consummate the Reorganization Plan and obtain sufficient Cash resources for post-Reorganization Effective Date working capital depend upon successful consummation of the Geothermal Sale as well as implementation of the Exit Financing Agreements, including the New CPIH Revolver Facility and the New Revolver Facility.
Notwithstanding anything to the contrary in this Agreement, the foregoing shall not be construed to prohibit the Debtor or any of the Consenting Creditors from contesting whether any such termination is in accordance with its terms or to seek enforcement of any rights under this Agreement that arose or existed before such Termination Date, nor to seek enforcement of any rights under the Backstop Commitment Agreement or the other Exit Financing Agreements.