Examples of ING Credit Agreement in a sentence
The Facility Agent shall have received an amendment agreement executed by the administrative agent, the collateral agent, the “Required Lenders” and the loan parties under the ING Credit Agreement, in form and substance satisfactory to it, to reflect, among other changes, the new financial covenant levels and to permit the Borrower Restructuring.
Any such mandatory prepayments will permanently reduce the amount of the commitment under the ING Credit Agreement.
OPIC and Chase hereby agree, for the benefit of each Creditor under the ING Credit Agreement and each Related Person, that each of the Defaults and Events of Default contained in Article X of the OPIC Finance Agreement are suspended and replaced by the Events of Default described in Section 4.1. Such suspension shall be effective from and after the date hereof and continue until the termination of this Intercreditor Agreement.
Evidence that the Closing Date Contribution shall have been duly made in compliance with all applicable laws, statutes and regulations and that the proceeds thereof, together with all Loans made on the Closing Date, shall be used, and in an amount sufficient, to finance the Acquisition, to refinance amounts outstanding under the ING Credit Agreement and to pay any fees and expenses payable hereunder on the Closing Date.
Borrowings by the Borrower under this Letter Agreement will only be used to (i) prepay $2.0 million of principal owed by the Borrower to ING under the ING Credit Agreement and (ii) fund the operating expenses of the Borrower.
As of the Closing, (a) all outstanding Indebtedness of the Company (including all Indebtedness (including any and all interest expenses accrued and unpaid thereon and any prepayment fees and penalties and any payment or reimbursement of expenses payable with respect thereto) under the ING Credit Agreement and all intercompany debt) shall be paid in full and (b) the Company shall have obtained the release of all Liens on all Assets securing such Indebtedness.
There were no outstanding borrowings under the ING Credit Agreement at December 26, 2010.
OPIC and Chase hereby agree, for the benefit of each Creditor under the ING Credit Agreement and each Related Person, that each of the covenants contained in Article VIII or Article IX of the OPIC Finance Agreement are suspended and replaced by the covenants described in Section 3.2. Such suspension shall be effective from and after the date hereof and continue until the termination of this Intercreditor Agreement.
Without the prior written consent of Majority Creditors, except for the making of the Loan under the ING Credit Agreement (as such term is defined therein), no Creditor will make loans or extensions of credit to any Related Person or otherwise increase the principal amount of Debt owing to it by any Related Person or change the interest rate or fees accruing in respect of such Debt.
Chase and OPIC agree, for the benefit of each Creditor under the ING Credit Agreement and each Related Person, that they hereby suspend the obligations of Argosy International and each other Related Person with respect to payments of principal under the Chase/OPIC Agreements to the extent the amounts or dates of such payments are inconsistent with the provisions of this Intercreditor Agreement.