Facility Documentation definition

Facility Documentation means the Documentation of the applicable Consortium Member plus, if not included within the Documentation, material and information within the possession or control of such Consortium Member or its Subcontractors and that Consortium Member has the right to transfer, sublicense or pass-through[**]. Facility Documentation does not include software or its associated documentation that is the subject of Exhibit M-1, Software License.

Facility Documentation means any and all agreements and instruments (including promissory notes) issued in connection with the utilization of any Facility (defined below).

Facility Documentation. The definitive documentation for the Term Facility (the “Facility Documentation”) shall be negotiated in good faith within a reasonable time period to be determined based on the expected Closing Date and taking into account the syndication of the Term Facility and the requirements of the Merger Agreement and shall (i) be based upon and give due regard to the definitive documentation for that certain term loan credit agreement separately agreed to by the Borrower and the Arrangers with appropriate modifications to baskets and materiality thresholds to reflect the size, leverage and ratings of the Borrower after giving effect to the Transactions, (ii) contain the terms and conditions set forth in this Term Sheet, (iii) reflect the operational and strategic requirements of the Borrower and its subsidiaries in light of their size, industries and practices, (iv) reflect the customary agency and operational requirements of the Administrative Agent and (v) be in a form such that they do not impair the availability of the Term Facility on the Closing Date if the conditions to funding set forth in Section 6 of the Commitment Letter are satisfied.

Examples of Facility Documentation in a sentence

• References to specific provisions (or defined terms) in the Second Lien Facility Documentation shall be to such provisions (or defined terms) as amended or replaced (to the extent such amendment or replacement is permitted by the Loan Documents), and cross-references shall be deemed amended as necessary to refer to the same provisions that are referenced in the Second Lien Facility Documentation as in effect on the Closing Date.

• The foregoing provisions in this paragraph shall be superseded, in each case, to the extent covered thereby by the applicable provisions contained in the Term Facility Documentation upon execution thereof and thereafter shall have no further force and effect.

• The shares of capital stock or other ownership interests so indicated on Schedule 3.08 are fully paid and nonassessable and are owned by the Borrower, directly or indirectly, free and clear of all Liens (other than Liens created under the Security Documents, the ABL Facility Documentation and nonconsensual Liens permitted by Section 6.02).

• The Guarantor shall also indemnity and keep the Bank indemnified against all losses, damages, costs, claims and expenses whatsoever which the Bank may suffer, pay or incur by reason of or in connection with any such default on the part of the Borrower including legal proceedings taken against the Borrower and/or the Guarantor for recovery of the monies due under the Facility Documentation.

• From and after the Effective Date, the Reorganized Debtors, subject to any applicable limitations set forth in any post-Effective Date agreement (including the New First Lien Facility Documentation, the New Second Lien Term Loan Documentation, and the New Organizational Documents), shall have the right and authority without further order of the Bankruptcy Court to raise additional capital and obtain additional financing as the boards of directors of the applicable Reorganized Debtors deem appropriate.

More Definitions of Facility Documentation

Facility Documentation means PFI’s standard financing and security documentation, generally used to document an E-Credit Facility, executed between the Borrower and PFIs, after internal approval of PFIs after satisfaction of credit policies.

Facility Documentation means any material written documentation or standard operating procedures relating to the operation and management of the ATOM Facility for the Business Purpose. For avoidance of doubt, Facility Documentation does not include any Intellectual Property (defined below).

Facility Documentation means SPO standard financing and security documentation, generally used to document interest free credit facility, executed between the Borrower and SPO, after internal approval of SPO after satisfaction of credit policies.

Facility Documentation means the Documentation of the applicable Consortium Member plus, if not included within the Documentation, material and information within the possession or control of such Consortium Member or its Subcontractors and that Consortium Member has the right to transfer, sublicense or pass-through, that is reasonably necessary for a Qualified Entity to engage in the Unit Completion Purposes required to achieve the equivalent of Substantial Completion in relation to the Facility, including, without limitation, any listing and/or description of the AP1000 Nuclear Power Plant’s functional, operational and performance capabilities, all user, operator, system administrator, technical, support and other manuals, and listings of functional specifications, help files, flow charts, logic diagrams, accepted and as built plans, if any, blueprints, architectural and engineering drawings; in each case whether written, printed, electronic, or other format. Facility Documentation does not include software or its associated documentation that is the subject of Exhibit M-1, Software License.

Facility Documentation shall have the meaning set forth in the Recitals.

Facility Documentation means Name of SPO standard financing and security documentation, generally used to document interest free credit facility, executed between the Borrower and Name of SPO, after internal approval of Name of SPO after satisfaction of credit policies.

Facility Documentation means, in relation to any Credit Facility, the Facility Agreement, the Credit Terms, any Collateral Document (including any security terms), any Guarantee, any custodian account control deed and any document supplemental to any of the foregoing, and any other document which is designated as such by us from time to time (and, where the context admits, includes any of it).