Examples of NCNB Agreement in a sentence
No Default or Event of Default exists under the Agreement, the Notes, any Guaranty, any Security Document or any other agreement or instrument executed in connection therewith and no default or event of default exists under the NCNB Agreement, any agreement or instrument executed in connection therewith or any other material contract or agreement to which the Company or any of the Guarantors is a party, and, to the Company’s knowledge, no such default or event of default is imminent.
In any event, for purposes of determining compliance with this paragraph 6A(3), Adjusted Consolidated Debt shall include without limitation all indebtedness included in determining compliance with the similar covenant in the NCNB Agreement.
The Company has delivered to each Purchaser prior to the date hereof a true, correct and complete copy of the NCNB Agreement, including all amendments and waivers of any provision thereof.
The Loan Documents (as defined in the NCNB Agreement) shall have been executed by all parties thereto, a final copy and execution pages thereof shall have been delivered to Prudential and all of such Loan Documents shall be in form and substance satisfactory to Prudential and in full force and effect.
The Company shall have received any consent required by the NCNB Agreement and delivered a copy thereof to each Purchaser.
The holders and the Company agree that all stock and other securities pledged pursuant to the Pledge Agreements will remain subject to the Pledge Agreements until (i) in the case of all such stock and other securities, the Company achieves the Minimum Rating and NCNB, as agent for the lenders under the NCNB Agreement, have released their security interests in all of such pledged stock and other securities and, provided that no Default or Event of Default exists or would result therefrom.
The Company will require each Subsidiary, and each entity that would constitute a Subsidiary but for its being organized under the laws of a jurisdiction outside the United States of America, that guarantees any obligations of the Company under the NCNB Agreement, the Bridge Facility or the 1995 Note Purchase Agreement, or under any replacement or refinancing thereof, immediately to execute and deliver a Guaranty to the holder of each Note.
No Subsidiary, and no entity that would constitute a Subsidiary but for its being organized under the laws of the jurisdiction outside the United States of America, has executed and delivered a guaranty in favor of the agent or lenders parties to the NCNB Agreement except Subsidiaries that have executed and delivered Guaranties to the holders of the Notes.
Upon the Westana Effective Date, Newco shall not be required to execute and deliver to Agent under the NCNB Agreement a guaranty of the obligations under Section 7.3 of the NCNB Agreement.
The Company shall require each Subsidiary that guarantees any obligations of the Company under the NCNB Agreement the 1993 Note Purchase Agreement or the 1995 Note Purchase Agreement to immediately execute and deliver to any holder of Notes a Guaranty.