Examples of New Commitment Letters in a sentence
In such event, the term “Commitment Letter” as used herein shall be deemed to include the Commitment Letter that are not so superseded at the time in question and the New Commitment Letters to the extent then in effect.
Acquiror shall deliver to the Company true and complete copies of all agreements related to such New Commitment Letters (excluding fee letters and engagement letters to the extent Acquiror is prohibited from providing such letters) promptly following the execution thereof.
Acquiror shall have received aggregate gross proceeds of at least $190,000,000 in cash from (i) the Debt Financing contemplated by the Commitment Letter, Alternative Debt Financing or New Commitment Letters, as applicable, and (ii) the Additional Financing.
Parent shall deliver to the Company true and complete copies of all agreements related to such New Commitment Letters (excluding fee letters and engagement letters to the extent Parent is prohibited from providing such letters) promptly upon the execution thereof.
In the event New Commitment Letters or the Aggregated Commitment Letter are or is obtained, references in this Agreement to the Commitment Letters shall be deemed to refer to the New Commitment Letters or the Aggregated Commitment Letter, as applicable, and references in this Agreement to the Financing shall be deemed to refer to the financing contemplated by the New Commitment Letters or the Aggregated Commitment Letter, as applicable.
Parent shall promptly provide a true, correct, complete and executed copy of any New Commitment Letters (and if applicable, any fee letter in connection therewith, which may be delivered with the fee amounts, “flex” terms and other commercially sensitive information redacted in a customary manner so long as no redaction covers terms that would adversely affect the amount, conditionality, availability or termination of the Alternative Financing) to the Company.
Parent shall give Seller prompt notice of any actual or threatened breach or default by any party of the Commitment Letters of which Parent becomes aware or any actual or putative termination of the Commitment Letters and, if applicable, obtain and promptly provide Seller copies of any alternative financing commitments and documentation (“New Commitment Letter(s)”), which New Commitment Letter(s) will replace the applicable existing Commitment Letter(s).
Any failure on the part of the Borrower and Xxxxx to deliver the New Commitment Letters on or before April 28, 1997, as set forth in the immediately preceding sentence, shall constitute an Event of Default under the Credit Agreement; provided that such Event of Default may be waived by the Agent with, and only with, the written consent of the Majority Banks.
The meeting was called to order at 3:30 p.m. by Chaiman Larry Brewster.
Acquiror shall have received the proceeds of the Financing contemplated by the Commitment Letter, Alternative Financing or New Commitment Letters, as applicable.