Examples of New ABL Agreement in a sentence
In addition, on the Effective Date, without any further action by the Court or the directors, officers or stockholders of any Reorganized Debtor, each Reorganized Debtor that becomes a party thereto, as guarantor, shall be, and hereby is, authorized to enter into the Guarantee and Collateral Agreements with respect to the New ABL Agreement and the New Senior Secured Notes Indenture (the “ Guarantee and Collateral Agreements”).
Without in any way limiting the general nature of the foregoing, each Designated Officer of the Debtors and the Reorganized Debtors, as applicable, is authorized to negotiate, execute and deliver such agreements, documents and instruments (including, without limitation, loan and security agreements, mortgages, UCC-1 financing statements and other items) as may be necessary or advisable in connection with the closing of the New ABL Agreement and New Senior Secured Notes Indenture.
On the Effective Date, without any further action by the Court or the directors, officers or stockholders of any Reorganized Debtor, each Reorganized Debtor shall be, and hereby is, authorized to enter into the New ABL Agreement and the New Senior Secured Notes Indenture and the terms of such agreements are hereby approved in all respects.
Notwithstanding anything to the contrary in this Order or the Plan, the Court’s retention of jurisdiction shall not govern the enforcement or interpretation of the loan documentation executed in connection with the New ABL Agreement, the New Senior Secured Notes Indenture, the Intercreditor Agreement, the Guarantee and Collateral Agreements and all other related credit agreements or any rights or remedies related thereto.
If, for example, the Reorganized Company fails to comply with the covenants in the New Senior Secured Notes Indenture or the New ABL Agreement resulting in an event of default thereunder, certain of the Reorganized Company’s outstanding indebtedness could be accelerated, which could have a material adverse effect on the value of the New Common Stock and the New Senior Secured Notes.
In addition, the New Senior Secured Notes Indenture and the New ABL Agreement will not prevent the Reorganized Company from incurring obligations that do not constitute indebtedness.
In total, we have EmotionsLungBreastPercentage(%)Anger59294.0Disgust410.2Fear33393.4Joy36847039.7Sadness18313415.0Surprise830.5 Table 2: Emotion distributions in B-DS and L-DS with the percentage estimated from both L-DS and B-DS.
The Company’s ability to obtain extensions of credit under these incremental commitments is also subject to the same conditions as extensions of credit under the ABL Facility.The New ABL Agreement contains customary representations and warranties and customary affirmative and negative covenants, including, among other things, restrictions on incurrence of additional debt, liens, dividends and other restricted payments, asset sales, investments, mergers, acquisitions and affiliate transactions.
Reservation of Rights 41 EXHIBITS EXHIBITS IN THE PLAN SUPPLEMENT Exhibit 1 New Senior Secured Notes Indenture Exhibit 2 New ABL Agreement Exhibit 3 New Stockholders Agreement Exhibit 4 New Registration Rights Agreement Exhibit 5 List of Officers and Directors Exhibit 6 Certificate of Incorporation of Reorganized Broadview Networks Holdings, Inc.
The New ABL Agreement provides for a $125,000 senior secured, revolving credit facility for the Company.