New EFA definition

New EFA means the Second Amended and Restated Equipment Financing Agreement to be entered into as of the Effective Date (as such term is defined in the Plan of Reorganization) between MIBL and MCC, together with all agreements, instruments and other documents relating thereto, as the same may be amended, supplemented or otherwise modified, or refunded, replaced or refinanced from time to time.
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New EFA has the meaning given to it in the Intercreditor Agreement.
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New EFA means that certain Second Amended and Restated Equipment Financing Agreement in the aggregate principal amount of $103,193,135.28 to be entered into as of the Effective Date by the EFA Borrower and MCC together with all EFA Documents. At no time after the Effective Date shall the outstanding principal amount of the New EFA exceed $103,193,135.28 plus 10% of such amount minus any payments in respect of the principal amount of the EFA Obligations.
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Examples of New EFA in a sentence

  • If an Event of Default specified in clause (i) or (j) above exists with respect to the Company, or Indebtedness under the New MEFA or New EFA shall have been accelerated prior to its Stated Maturity, the Accreted Value of, premium, if any, and accrued interest on the Notes then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder.

  • This is, in the authors’ opinion, why M&S is not viewed as a science with its own theories and methodologies and why it is more prevalent as one of the engineering tools in the toolbox.

  • Contemporaneously with the execution hereof, the Borrower shall execute and deliver to the Creditor a Promissory Note in the form of Exhibit A attached hereto (the “Note”), and the Creditor shall accept this Agreement and the Note in full substitution for the New EFA and any and all promissory notes (the “Prior Notes”) currently evidencing the indebtedness thereunder (the “EFA Indebtedness”).

  • The Note evidences the indebtedness of the Borrower pursuant to the New EFA that the Original Creditor assigned to the Creditor pursuant to the Assignment Agreement.

  • Upon the execution and delivery of this Agreement and the Note, the New EFA shall be amended and restated in its entirety by this Agreement and the Note, and the provisions of the New EFA shall be replaced by those of this Agreement and the Note.

  • Borrower further expressly agrees that the Note and this Agreement are subject to the provisions of that certain Intercreditor Agreement defined in the New EFA and that all such provisions are incorporated by reference herein with the same force and effect as if set forth in their entirety herein.

  • Intercompany notes in favor of the Company shall be pledged pursuant to the Collateral Documents to the Collateral Agent as Collateral to secure the Notes and the New EFA and the New MEFA.

  • The Borrower shall remain liable to the Creditor under the Note and the EFA Security Documents, and the rights and remedies of the Creditor under the New EFA and the EFA Security Documents are hereby modified, extended and brought forward but not terminated by this Agreement and the Note.

  • On and after the execution of this Agreement, each reference in any Security Document to the New EFA or a similar term shall be deemed a reference to this Agreement and the Note.

  • On the Effective Date, Allowed Claims in Class 3 will be satisfied in full by the execution and delivery of the New EFA.


More Definitions of New EFA

New EFA means the Second Amended and Restated Equipment Financing Agreement between MIBL and MCC, together with all agreements, instruments and other documents relating thereto, substantially in the form included in the Plan Supplement.
Sample 1

Related to New EFA

  • New Services Queue Closing Date means each April 30 and October 31 shall be the Queue Closing Date for the New Services Queue comprised of Interconnection Requests, Completed Applications, and Upgrade Requests received during the six-month period ending on such date. “New York ISO” or “NYISO” shall mean the New York Independent System Operator, Inc. or any successor thereto.

  • Exit Financing means the financing under the Exit Facility.

  • Pre-Closing Restructuring has the meaning specified in Section 6.14(a).

  • Incremental Facility Closing Date has the meaning set forth in Section 2.14(d).

  • Acquisition Closing Date means the date on which the Acquisition is consummated.

  • Backstop Agreement has the meaning set forth in the recitals to this Agreement.

  • Pre-Closing Reorganization has the meaning set forth in the Recitals.

  • New Financing means the Indebtedness incurred or to be incurred by Holdings and its Subsidiaries under the Credit Documents (assuming the full utilization of the Revolving Commitments) and all other financings contemplated by the Credit Documents, in each case after giving effect to the Transaction and the incurrence of all financings in connection therewith.

  • Closing Date Acquisition shall have the meaning assigned to such term in the recitals hereto.

  • Pre-Acquisition Reorganization has the meaning set out in Section 6.8;

  • CEC means the California Energy Commission or its successor agency.

  • Plan of Reorganization means any plan of reorganization, plan of liquidation, agreement for composition, or other type of plan of arrangement proposed in or in connection with any Insolvency Proceeding.

  • Company Acquisition Agreement has the meaning set forth in Section 5.04(a).

  • Financing Transactions means the execution, delivery and performance by each Loan Party of the Loan Documents to which it is to be a party, the borrowing of Loans, the use of the proceeds thereof and the issuance of Letters of Credit hereunder.

  • First Closing Date shall refer to the time and date of delivery of certificates for the Firm Shares and such Optional Shares). Any such time and date of delivery, if subsequent to the First Closing Date, is called an “Option Closing Date,” shall be determined by the Representatives and shall not be earlier than three or later than five full business days after delivery of such notice of exercise. If any Optional Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Optional Shares (subject to such adjustments to eliminate fractional shares as the Representatives may determine) that bears the same proportion to the total number of Optional Shares to be purchased as the number of Firm Shares set forth on Schedule A opposite the name of such Underwriter bears to the total number of Firm Shares. The Representatives may cancel the option at any time prior to its expiration by giving written notice of such cancellation to the Company.

  • Stock Acquisition means the purchase or other acquisition by Borrower or any of its Subsidiaries of all of the Equity Interests (by merger, stock purchase or otherwise) of any other Person.

  • Company Acquisition means (i) a merger, consolidation, business combination, recapitalization, liquidation, dissolution or similar transaction involving the Company pursuant to which the stockholders of the Company immediately preceding such transaction hold less than fifty percent (50%) of the aggregate equity interests in the surviving or resulting entity of such transaction, (ii) a sale or other disposition by the Company of assets representing in excess of fifty percent (50%) of the aggregate fair market value of the Company's business immediately prior to such sale, or (iii) the acquisition by any person or group (including by way of a tender offer or an exchange offer or issuance by the Company), directly or indirectly, of beneficial ownership or a right to acquire beneficial ownership of shares representing in excess of fifty percent (50%) of the voting power of the then outstanding shares of capital stock of the Company.

  • Concurrent Financing means the various third party financing arrangements the Company is executing pursuant to the agreements described on Schedule 2.1(c)(i) (the “Concurrent Financing”) separate and apart from the transactions contemplated by this Agreement.

  • Share Acquisition Date means the first date of public announcement (which, for purposes of this definition, shall include, without limitation, a report filed pursuant to Section 13(d) of the Exchange Act) by the Company or an Acquiring Person that an Acquiring Person has become such.

  • Closing Date Acquisition Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Alternative Acquisition Agreement has the meaning set forth in Section 5.3(d).

  • SCC means the Special Conditions of Contract.

  • Financing Transaction means a transaction in which a licensed provider obtains financing from a financing entity, including any secured or unsecured financing, any securitization transaction, or any securities offering which either is registered or exempt from registration under federal and state securities law.

  • Restructuring Date means the date on which a Restructuring is legally effective in accordance with the terms of the documentation governing such Restructuring.

  • Acquisition Corp. shall have the meaning given to such term in the preamble to this Agreement.

  • Amendment Closing Date means the first date that all the conditions precedent set forth in this Amendment are satisfied or waived in accordance herewith.