Examples of New Borrower in a sentence
Any breach of this provision shall be subject to immediate enforcement action by New Borrower, including, without limitation, suspension of transfer rights and the imposition of financial penalties or disgorgement of profits gained through prohibited activities.
Further, no Noteholder shall enter into any agreement or transaction that would have the effect of changing its economic risk with respect to its Distributed Shares, including through hedging strategies or derivatives, unless expressly authorized in writing by New Borrower.
No Party shall assign this Agreement or any part hereof without the prior written consent of the other Parties hereto, except that (i) New Borrower may freely assign any or all of its rights under this Agreement, in whole or in part, to any successor entity (whether by merger, consolidation, equity sale, asset sale or otherwise) without obtaining the consent or approval of any Party hereto, provided, that no such assignment shall relieve the New Borrower of any of its obligations hereunder.
Neither the Agent, Legacy Borrower, nor any Lender shall have any liability whatsoever in connection with the distribution of the Distributed Shares by New Borrower to the Noteholders.
The New Term Lenders in their respective capacities relative to the Existing Loans and the New Credit Agreement, the New Borrower, and the Legacy Borrower collectively constitute the only consenting parties required to enter into, and give effect to the terms of, this Agreement.