Examples of New Financing Documents in a sentence
This Agreement (including any schedules and exhibits hereto), the Company Disclosure Schedule, the Guarantee, the Voting Agreement, the Rollover Agreement and the Financing Documents (and the New Financing Documents, if applicable), constitute the entire agreement, and supersedes all other prior agreements, understandings, representations and warranties, both written and oral, among the parties, with respect to the subject matter hereof.
New Financing Documents") shall not, without the consent of the Administrative Agent (which consent shall not be unreasonably delayed or withheld), (i) be subject to terms and conditions other than customary market terms and conditions for Indebtedness of such type, as determined in the good faith judgment of the Borrower, or (ii) have a maturity date no earlier than 91 days after the Maturity Date”.
From and after the filing of the 8-K Filing, the Borrower shall have disclosed all material, non-public information (if any) provided or made available to any Purchaser (or any Purchaser’s agents or representatives) by Borrower or any of its respective officers, directors, employees, Affiliates or agents in connection with the transactions contemplated by this Agreement or the New Financing Documents or otherwise on or prior to the date hereof.
Upon the occurrence of the Effective Date, the Reorganized Debtors shall be authorized to file UCC-3 termination statements or similar documents upon reasonable request of the agents under the New Financing Documents and subject to the terms thereof.
In such event, the term “Financing Documents” as used herein shall be deemed to include the Financing Documents that are not so superseded at the time in question and the New Financing Documents to the extent then in effect.
On the Effective Date, all of the liens and security interests to be granted in accordance with the New BP Documents (the “New BP Liens”) shall be deemed approved and shall be legal, valid, binding, enforceable and liens and security interests in the collateral securing the Reorganized Cubic Asset Debtors’ obligations under the Modified Cubic Asset BP Hedges, with the priority set forth in the New Financing Documents and New BP Documents.
The obligations of the applicable Reorganized Debtors under the New Financing Documents, including all related mortgages and security agreements, will, upon execution, constitute legal, valid, binding and authorized obligations of each of the Debtors or Reorganized Debtors, as applicable, enforceable in accordance with their terms and not in contravention of any state or federal law.
On the Effective Date, without any further action by the Court or the directors, officers, managers, members, or stockholders of any of the Debtors or Reorganized Debtors, each Debtor or Reorganized Debtor, as applicable, will be and is authorized to enter into, and fully perform under, the New Financing Documents to which such Reorganized Debtor is contemplated to be a party on the Effective Date.
On the Effective Date, the applicable Reorganized Cubic Asset Debtors and all parties to the New Financing Documents are authorized to, and shall, execute and deliver the New Financing Documents, including the New Cubic Energy Senior Secured Notes and all related documents to which such Reorganized Cubic Asset Debtors are intended to be a party on the Effective Date pursuant to the Plan.
At the time of consummation thereof, the New Financing shall have been consummated in all material respects in accordance with the terms of the relevant New Financing Documents therefor and all applicable laws.