Mezzanine Financing Facility definition

Mezzanine Financing Facility shall have the meaning set forth in the Pricing Side Letter.
Mezzanine Financing Facility means the Senior Subordinated Credit Agreement, dated April 17, 2000, between the Company and CMP.

Examples of Mezzanine Financing Facility in a sentence

  • Borrowers shall cause Guarantor to deliver to Lender true and complete copies of all related documents entered into in connection with any Mezzanine Financing Facility, and any such Mezzanine Financing Facility shall be subordinate in all respects to the facility provided under this Loan Agreement.

  • As of the Effective Date, no Relevant Party has entered into any Mezzanine Financing Facility.

  • No Relevant Party shall enter into any Mezzanine Financing Facility after the Effective Date without Lender’s express prior written consent.

  • Each Borrower shall ensure that neither the Equity Interests of such Borrower or Parent SPE nor any property or assets of Borrower or Parent SPE are pledged to any Person other than Lender (or a Mezzanine Lender pursuant to any Mezzanine Financing Facility).

  • No Borrower has any Indebtedness other than Indebtedness created pursuant to this Loan Agreement, Indebtedness created pursuant to a Mezzanine Financing Facility, if any, and ordinary trade payables not yet due and owing beyond their ordinary course.

  • At the Closing and subject to obtaining the financing referred to in Section 6.15, the Parent shall provided funds necessary for the Company to repay all amounts, including principal and interest, outstanding under each of the Credit Facility and the Mezzanine Financing Facility.

  • Borrowers shall deliver to Lender a Mezzanine Financing Intercreditor Agreement in form and substance reasonably acceptable to Lender with respect to each Mezzanine Financing Facility.

  • The Pledged Equity and Properties subject to this Loan Agreement have not at any time been pledged to any Person other than Lender (or a Mezzanine Lender pursuant to any Mezzanine Financing Facility).

  • No Relevant Party shall amend, modify or supplement any agreement in connection with any Mezzanine Financing Facility without the prior consent of Lender, which consent shall be deemed given so long as it does not have a material effect on (i) any of the Collateral, (ii) any rights of Lender or obligations of a Relevant Party or (iii) any administrative, reporting or accounting requirements, in each case, under the Loan Documents.

  • The Relevant Parties shall comply with additional covenants set forth in Section 3 of the Pricing Side Letter with respect to any Mezzanine Financing Facility.

Related to Mezzanine Financing Facility

  • Existing Facility means a facility in existence on any given date, newly constructed or altered.

  • Off-site facility means a structural BMP located outside the subject property boundary described in the permit application for land development activity.

  • DIP Facilities means the DIP ABL Facility and the DIP Term Loan Facility.

  • Permitted Junior Priority Refinancing Debt means secured Indebtedness (including any Registered Equivalent Notes) incurred by the Parent Borrower, and if applicable, any Co-Borrower, in the form of one or more series of junior priority secured notes or junior priority secured loans; provided that (i) such Indebtedness is secured by the Collateral on a second priority (or other junior priority) basis to the liens securing the Obligations and the obligations in respect of any Permitted First Priority Refinancing Debt and is not secured by any property or assets of a Borrower or any Restricted Subsidiary other than the Collateral, (ii) such Indebtedness may be secured by a Lien on the Collateral that is junior to the Liens securing the Obligations and the obligations in respect of any Permitted First Priority Refinancing Debt, notwithstanding any provision to the contrary contained in the definition of “Credit Agreement Refinancing Indebtedness,” (iii) a Senior Representative acting on behalf of the holders of such Indebtedness shall have become party to or otherwise subject to the provisions of the Intercreditor Agreements, (iv) such Indebtedness does not mature or have scheduled amortization payments of principal or payments of principal and is not subject to mandatory redemption, repurchase, prepayment or sinking fund obligations (except customary asset sale or change of control provisions that provide for the prior repayment in full of the Loans and all other Obligations), in each case prior to 91 days after the Latest Maturity Date at the time such Indebtedness is incurred, (v) such Indebtedness is not at any time guaranteed by any Subsidiaries other than Subsidiaries that are Co-Borrowers or Guarantors and (vi) the security agreements relating to such Indebtedness are substantially the same as or more favorable to the Loan Parties than the Collateral Documents (with such differences as are reasonably satisfactory to the Agent). Permitted Junior Priority Refinancing Debt will include any Registered Equivalent Notes issued in exchange therefor.

  • Existing Facility Agreement has the meaning specified in the recitals hereof.

  • Second Lien Facility means the second lien term loan facility under the Second Lien Credit Agreement.

  • Closing Date Refinancing means the repayment, repurchase, redemption, defeasance or other discharge of the Existing Debt Facility and termination and/or release of any security interests and guarantees in connection therewith.

  • Credit Agreement Refinancing Indebtedness means (a) Permitted First Priority Refinancing Debt, (b) Permitted Junior Priority Refinancing Debt or (c) Permitted Unsecured Refinancing Debt, in each case, issued, incurred or otherwise obtained (including by means of the extension or renewal of existing Indebtedness) in exchange for, or to extend, renew, replace, repurchase, retire or refinance, in whole or part, existing Term Loans, or any then-existing Credit Agreement Refinancing Indebtedness (“Refinanced Debt”); provided that (i) such Indebtedness has a maturity no earlier, and a Weighted Average Life to Maturity equal to or greater, than 91 days after the Latest Maturity Date at the time such Indebtedness is incurred, (ii) such Indebtedness shall not have a greater principal amount (or accreted value, if applicable) than the principal amount (or accreted value, if applicable) of the Refinanced Debt plus accrued interest, fees, premiums (if any) and penalties thereon and reasonable fees and expenses associated with the refinancing, (iii) the terms and conditions of such Indebtedness (except as otherwise provided in clause (ii) above and with respect to pricing, rate floors, discounts, premiums and optional prepayment or redemption terms) are substantially identical to, or (taken as a whole) are no more favorable to the lenders or holders providing such Indebtedness, than those applicable to the Refinanced Debt being refinanced (except for covenants or other provisions applicable only to periods after the Latest Maturity Date at the time of incurrence of such Indebtedness) (provided that a certificate of a Responsible Officer delivered to the Agent at least five (5) Business Days prior to the incurrence of such Indebtedness, together with a reasonably detailed description of the material terms and conditions of such Indebtedness or drafts of the documentation relating thereto, stating that the Parent Borrower has determined in good faith that such terms and conditions satisfy the requirement of this clause (iii) shall be conclusive evidence that such terms and conditions satisfy such requirement unless the Agent notifies the Parent Borrower within such five (5) Business Day period that it disagrees with such determination (including a description of the basis upon which it disagrees)), and (iv) such Refinanced Debt shall be repaid, repurchased, retired, defeased or satisfied and discharged, and all accrued interest, fees, premiums (if any) and penalties in connection therewith shall be paid, on the date such Credit Agreement Refinancing Indebtedness is issued, incurred or obtained.

  • Alternative Financing has the meaning set forth in Section 5.14(b).