New Debt Financing definition

New Debt Financing means the public offering of Parent’s debt securities or other incurrence of Indebtedness by Parent after the date hereof and prior to the Closing, the proceeds of which would be used, in whole or in part, to pay the Merger Consideration.

New Debt Financing has the meaning given in Clause 6.1;

New Debt Financing has the meaning given to that term in the Intercreditor Agreement.

Examples of New Debt Financing in a sentence

• Upon and from and after each such event, the term “Debt Financing” as used herein shall be deemed to mean the Debt Financing contemplated by the Debt Commitment Letters that are not so superseded at the time in question and the New Debt Financing Commitments to the extent then in effect.

• Upon and from and after each such event, the term “Debt Financing” as used in the preceding sentence shall be deemed to mean the Debt Financing contemplated by the Debt Commitment Letter that is not so amended or superseded at the time in question and the New Debt Financing Commitments to the extent then in effect.

• None of Parent’s Debt Financing Sources will have any liability to the Company or its Affiliates relating to or arising out of this Agreement, the New Debt Financing, the Debt Commitment Letter or the transactions contemplated hereby or thereby, whether at law, or equity, in contract, in tort or otherwise, and neither the Company nor any of its Affiliates will have any rights or claims against any of the Debt Financing Sources hereunder or thereunder.

• Other than the redacted fee letters provided to the Company as of the date hereof and other than the customary engagement letters with respect to the New Debt Financing, there are no other fee letters, engagement letters, side letters, agreements, contracts or other arrangements relating to the Debt Commitment Letter.

• Notwithstanding the foregoing, in no event shall the Company be directly entitled to, or permitted to seek directly, specific performance in respect of any of Parent’s Debt Financing Sources, nor shall there be any right of the Company to directly enforce specifically any of Parent’s rights under any commitment letter or any other agreements relating to the New Debt Financing.

More Definitions of New Debt Financing

New Debt Financing has the meaning set forth in the Recitals.

New Debt Financing has the meaning set forth in Section 5.04(b).

New Debt Financing means (a) the financing that is provided by the Debt Financing Sources to Parent pursuant to the Debt Commitment Letter to finance Parent’s acquisition of the Company via the Merger or (b) the New Notes and the Amendment (in each case as defined in the Debt Commitment Letter).

New Debt Financing means, collectively, (i) the senior debt financing described in clause (i) of Section 4.5 and (ii) the Senior Subordinated Notes and the Subordinated Notes Documents (as such term is defined in the Senior Subordinated Note Agreement).

New Debt Financing has the meaning given to it in the Recitals to this Agreement.

New Debt Financing means any existing, additional, supplemental or new financing, guarantee or debt arrangement and related security including, without limitation, by way of refinancing, replacement, exchange, set-off, discharge or increase of any new, existing, additional or supplemental financing, guarantee or debt arrangement under a Secured Debt Document (in each case, whether or not in existence at the time of any accessions to this Agreement in respect thereof and including arrangements existing at the time a person becomes a Group Company (whether by acquisition, merger, consolidation or combination) or is assumed in connection with the acquisition of assets, merger, consolidation or combination or otherwise); including by way of any loan, note (including senior or second lien secured, senior unsecured, senior subordinated or subordinated notes, whether in each case in a public or private offering, Rule 144A or other offering), bond or otherwise (including, in each case, term or revolving); issued or incurred, and together with any guarantee, security or other credit support by any Group Company and including any Structural Adjustment, Incremental Facility, Incremental Equivalent Debt or Credit Agreement Refinancing Indebtedness (each as defined in the Senior Facilities Agreement or any substantially equivalent term in any other Debt Document);

New Debt Financing means, at any time after the 2017 Effective Date, any financing or refinancing arrangement whatsoever and for any purpose not prohibited by the terms of the Debt Documents (including, without limitation (i) pursuant to (x) any Structural Adjustment and/or any Additional Facilities (as each such term as defined in the Senior Secured Facilities Agreement) (or, in each case, any equivalent term or provision under any other Credit Facility Agreement) and/or (y) any Senior Secured Notes Finance Document (other than any Hedging Agreement), a Pari Passu Debt Document and/or a Second Lien Debt Document and/or (ii) any refinancing of any Senior Secured Creditor Liabilities and/or Second Lien Debt Liabilities entered into pursuant to a Credit Facility Agreement, a Senior Secured Notes Finance Document, a Pari Passu Debt Document and/or a Second Lien Debt Document):