Examples of Predecessor Borrower in a sentence
Such financial statements (other than the Projections) present fairly, in all material respects, the financial position and results of operations and cash flows of the Predecessor Borrower and Vitesse Oil and their Consolidated Subsidiaries, respectively, as of such dates and for such periods in accordance with GAAP.
It is understood and agreed that, as of the Effective Date and pursuant to the Security Instruments, the Predecessor Borrower remains jointly and severally liable for the Indebtedness as a Guarantor.
At all times from and after the Effective Date, all references to the “Borrower” in the Credit Agreement or any of the other Loan Documents and any and all certificates and other documents executed by the Predecessor Borrower in connection therewith shall be deemed to refer to the Successor Borrower.
Subsection 8.7(c) of the Credit Agreement provides that the Successor Borrower will succeed to, and be substituted for, and may exercise every right and power of, the Predecessor Borrower under the Loan Documents, and that thereupon the Predecessor Borrower shall be relieved of all obligations and covenants under the Loan Documents.
In addition, Borrower has advised Lender that (i) Predecessor Borrower has entered into, and merged with and into, Captrust Limited Partnership, a Maryland limited partnership, (ii) Captrust Limited Partnership has survived such merger and subsequently has merged with and into Borrower, and (iii) Borrower has survived such subsequent merger with Captrust Limited Partnership.
Effective as of the Effective Date, the Predecessor Borrower assigns and transfers all its rights, title, interest, liabilities and obligations to the Borrower under the Existing Credit Agreement as if the Borrower had originally executed the Credit Agreement.
The indebtedness of the Borrower evidenced under this Agreement and the other Credit Documents is given in renewal, extension, modification but not in extinguishment or discharge of, a portion of the indebtedness evidenced by the Notes executed by the Predecessor Borrower each dated June 18, 2004, in the aggregate principal amount of $200,000,000 executed by the Predecessor Borrower to the order of the lenders named therein, each bearing interest and being due and payable as therein provided.
The Borrower hereby agrees to be bound by the terms of the Agreement and to perform all of the obligations of the Predecessor Borrower in respect thereof as if the Existing Credit Agreement had been contracted originally by the Borrower.
The Lender acknowledges and agrees that upon the occurrence of the Effective Time, all obligations and liabilities of the Predecessor Borrower with respect to the Assumed Amounts, will be automatically discharged, terminated and released.
Xxxx Drilling B LLC, a Delaware limited liability company (the “Predecessor Borrower”), the Administrative Agent and the financial institutions party thereto as lenders are parties to that certain Second Amended and Restated Credit Agreement dated as of April 25, 2013 (as amended, supplemented or otherwise modified prior to the Effective Date, the “Existing Credit Agreement”) pursuant to which the lenders thereunder provided the Predecessor Borrower with certain loans and other extensions of credit.