Examples of Fiber Network Assets in a sentence
There are (i) no proceedings in condemnation or eminent domain affecting any of the Fiber Network Assets, and to the Knowledge of the Loan Parties, none is threatened, that in either case would individually or in the aggregate cause a Material Adverse Effect, and (ii) no mechanic’s, materialman’s or other similar liens or claims which have been filed for work, labor or materials affecting the Fiber Network Assets the effect of which is reasonably likely to have a Material Adverse Effect.
The Loan Parties have delivered to the Lenders (i) true and complete copies (in all material respects) of all Material Customer Contracts as in effect on the Closing Date and (ii) a list of all Material Agreements affecting the operation and management of the Fiber Network Assets as in effect on the Closing Date, and such Material Customer Contracts and Material Agreements have not been modified or amended, except pursuant to amendments or modifications made available to the Administrative Agent.
Each of the Loan Parties has an interest in the Fiber Network Assets and the access rights granted pursuant to the IRU Agreements, held by it, free and clear of all Liens except for Permitted Liens.
The Borrower shall cause each Loan Party to maintain or cause to be maintained in good repair, working order and condition all material property necessary for use in the business of such Loan Party, including the applicable Fiber Network Assets, and to make or cause to be made all appropriate repairs, renewals and replacements thereof except to the extent the failure to do so would not reasonably be expected to have a Material Adverse Effect.
Except for the parties to any leasing brokerage agreement that has been delivered to the Administrative Agent, no Person (other than the Manager pursuant to the Management Agreement) has any right or obligation to enter into customer contracts for the Fiber Network Assets, or (except for cooperating outside brokers) to receive compensation in connection with such contracts.
Except to the extent the effect of the following representations not being true would not reasonably be expected to have a Material Adverse Effect: the Fiber Network Assets are in compliance with all applicable Environmental Laws; no written notice of violation of such Environmental Laws has been issued by any Governmental Authority which has not been resolved; and no Hazardous Materials are present at the Fiber Network Assets, except in quantities that do not violate applicable Environmental Laws.
The Borrower shall use the proceeds of the Term Loans (i) to finance all or a portion of the Transactions (including (x) purchase price for the Fiber Network Assets Transfers and the grants pursuant to the IRU Agreements to be paid to the applicable Uniti OpCo(s) and/or (y) any fees required to be paid on or after the Closing Date and the payment of the other Transaction Costs) and (ii) for working capital and other general corporate purposes.
The Borrower shall not enter into or permit to exist any agreement or other arrangement that (I) prohibits the ability of any Loan Party to create, incur or permit to exist any Lien upon any Collateral, whether now owned or hereafter acquired, to secure the Obligations or (II) requires that any Fiber Network Assets originated or otherwise acquired by any Loan Party be financed or pledged under any other credit facility for borrowed money.
There are no judgments outstanding against the Loan Parties, or affecting any of the Fiber Network Assets or any property of the Loan Parties, nor to the Loan Parties’ Knowledge is there any action, charge, claim, demand, suit, proceeding, petition, governmental investigation or arbitration now pending or threatened against the Loan Parties, respectively, or any of the Fiber Network Assets that would, in the aggregate, reasonably be expected to result in a Material Adverse Effect.
Except for the rights of the Manager pursuant to the Management Agreement, no Person has any right or obligation to manage any of the Fiber Network Assets on behalf of the Loan Parties or to receive compensation in connection with such management.