Liberty Facility definition

Liberty Facility means the US$40,000,000 secured operating loan facility that the Corporation drew down on November 20, 2015 pursuant to the Second Lien Credit Agreement among the Corporation and Liberty Metals & Mining Holdings, LLC, among others, dated as of November 2, 2015, as amended by the Liberty Modification Agreements;

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Liberty Facility shall have the meaning set forth in Section 6.01.

Liberty Facility means a secured, subordinated second lien credit facility in the principal amount of USD $40,000,000 made available pursuant to the Liberty Credit Agreement;

Examples of Liberty Facility in a sentence

• There exist no options, warrants, purchase rights, or other contracts or commitments that could require the Corporation to sell, transfer or otherwise dispose of any shares of any Material Entity except as contemplated in the Amended and Restated Sprott Facility and the Liberty Facility.

• Notwithstanding the foregoing, Sections 2.1, 2.2, 2.3, 2.4 and 3.1 shall not become effective until the Borrower has delivered to the Agent on or before April 13, 2017 a fully executed amendment or modification to the Liberty Credit Agreement which shall include amendments to the terms of the Liberty Facility substantially the same as those contained Sections 2.1, 2.2 and 3.1 hereof.

• There exist no options, warrants, purchase rights, or other contracts or commitments that could require the Corporation to sell, transfer or otherwise dispose of any shares of any Material Entity except as contemplated by the Maseve Sale Transaction, the Waterberg Call Option Agreement, the Sprott Term Sheet, the PPA Termination Agreement, the Convertible Notes, the Note Indenture and the Liberty Facility.

• The Investor acknowledges that the Company is required to complete certain additional financings pursuant to the terms of the Liberty Facility.

• There exist no options, warrants, purchase rights, or other contracts or commitments that could require the Company or any other person to sell, transfer or otherwise dispose of any equity interests of any Material Entity except as contemplated by Waterberg Call Option Agreement, the PPA Termination Agreement, the Convertible Notes, the Note Indenture and the Liberty Facility.

• There exist no options, warrants, purchase rights, or other contracts or commitments that could require the Corporation to sell, transfer or otherwise dispose of any capital stock of any Material Entity except as contemplated in the Sprott Facility and the Liberty Facility.

• Notwithstanding any limitation on recourse contained in this Agreement, the Transferor shall pay, on the last day of each month, to the Agent, for distribution to the Investors, in each case as agreed between themselves, the Enterprise Program Fee, the Atlantic Program Fee and the Liberty Program Fee, respectively, and the Enterprise Facility Fee, the Atlantic Facility Fee and the Liberty Facility Fee, respectively.

• If the Facility Indebtedness is paid in full prior to the termination of the Escrow Agreement, the Agent shall direct the Escrow Agent to deliver all remaining Escrow Funds to counsel to Liberty, and thereupon, the Escrow Agent shall resign and counsel to Liberty shall be deemed to be appointed successor escrow agent under the Escrow Agreement and the provisions above shall apply mutatis mutandis to Liberty and the Liberty Facility Indebtedness.

• There exist no options, warrants, purchase rights or other contracts or commitments that could require the Company to sell, transfer or otherwise dispose of any shares of any Material Entity except as contemplated by the Concurrent Transactions, the Waterberg Call Option Agreement, the Convertible Notes, the Note Indenture and the Liberty Facility.

• Borrower will comply with each of the terms and conditions of the Textron Facility, the Liberty Facility and the W▇▇▇▇ Fargo Capital Finance Facility and will promptly deliver to Lender, upon receipt by Borrower, copies of any notices received by Borrower in connection with any of the foregoing credit facilities.

More Definitions of Liberty Facility

Liberty Facility means the US$40,000,000 secured operating loan facility that the Company drew down on November 20, 2015, governed by the Second Amended and Restated Second Lien Credit Agreement among the Company and Liberty Metals & Mining Holdings, LLC, among others, dated as of February 12, 2018, as amended by the Liberty Modification Agreement and subsequent consents and waivers, and includes the PPA Termination Agreement;

Liberty Facility means the US$40,000,000 secured operating loan facility that the Corporation drew down on November 20, 2015, governed by the Second Amended and Restated Second Lien Credit Agreement among the Corporation and Liberty Metals & Mining Holdings, LLC, among others, dated as of February 12, 2018, as amended by the Liberty Modification Agreements and subsequent consents and waivers;

Liberty Facility means the US$40,000,000 secured operating loan facility that the Corporation drew down on November 20, 2015 pursuant to the Second Lien Credit Agreement

Liberty Facility means that certain Loan and Security Agreement dated as of September 28, 2007 between Liberty Bank and Borrower and all other documents and other instruments executed in connection therewith, as all of the same may have been and may hereafter be amended, supplemented and modified from time to time.

Liberty Facility means the US$40,000,000 secured operating loan facility that the Corporation drew down on November 20, 2015 pursuant to the Second Lien Credit Agreement among the Corporation and Liberty Metals & Mining Holdings, LLC, among others, dated November 2, 2015, as amended by the Liberty Modification Agreement;