Examples of New GFI in a sentence
Neither the Guarantor nor any of its Subsidiaries (other than New GFI and its Subsidiaries or Foamex and its Subsidiaries) shall amend, supplement or otherwise modify any of the terms or provisions in any of the Transaction Documents to which it is a party other than amendments, supplements or modifications deemed immaterial by the Administrative Agents.
Neither the Guarantor nor any of its Subsidiaries (other than New GFI and its Subsidiaries or Foamex and its Subsidiaries) shall amend, modify or otherwise change any of the terms or provisions in any of its Constituent Documents as in effect on the date hereof other than amendments or modifications deemed immaterial by the Administrative Agents.
This Guaranty is a Loan Document executed pursuant to the New GFI Credit Agreement and shall (unless otherwise expressly indicated herein) be construed, administered and applied in accordance with the terms and provisions thereof, including Article XIII thereof.
Any "event of default" (as defined therein) shall have occurred and be continuing under any of the Supply Agreement, the Lease Agreement (other than an "event of default" arising out of any act or omission of the Landlord), the New GFI Facility or the FII Guaranty.
The Guarantor hereby agrees that any Indebtedness of New GFI now or hereafter owing to the Guarantor (the "Guarantor Subordinated Debt") is hereby subordinated to all of the Obligations.
Upon the receipt by the Foamex Collateral Agent under the Foamex International Guaranty or the New GFI Intercreditor Collateral Agent under the FII Guaranty of proceeds not derived from the sale or other disposition of Collateral, such proceeds shall be shared Ratably among the Secured Parties.
Any of the terms of the New GFI Note, Supply Agreement, Lease Agreement shall be amended, supplemented or otherwise modified without the prior written consent of the Holder (except for such amendments, supplements or modifications deemed immaterial by the Holder).
In the event of any conflict between the terms of this Security Agreement and the New GFI Intercreditor Agreement, the terms of the New GFI Intercreditor Agreement shall govern.
This Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until all Obligations of New GFI have been paid in full in cash, all obligations of the Guarantor hereunder shall have been paid in full in cash, all Letters of Credit have been terminated or expired and all Commitments shall have terminated.
Unless otherwise defined herein or the context otherwise requires, terms used in this Agreement, including its preamble and recitals, have the meanings provided in the New GFI Facility.