Predecessor Borrower definition
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.
The Borrower hereby expressly assumes the obligations of the Predecessor Borrower under the Existing Credit Agreement and each of the other Credit Documents to which the Predecessor Borrower was a party.
The Borrower, Crosstex Energy Services, L.P. (the "Predecessor Borrower"), Bank of America, as administrative agent and lender, Union Bank of California N.A., as syndication agent and lender and Royal Bank of Canada, U.S. Bank National Association and BNP Paribas, as co-documentation agents and lenders, are parties to the Third Amended and Restated Credit Agreement dated as of March 31, 2005 (the "Existing Credit Agreement").
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.
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.
Prior to the execution and delivery of this Agreement, the Predecessor Borrower has been merged with and into the Borrower.
The Banks have consented to the Reorganization on the condition that the Borrower ratifies all of the obligations of the Predecessor Borrower under the Existing Credit Agreement and the other Credit Documents (as defined in the Existing Credit Agreement) and that the parties hereto enter into an amendment to effect certain amendments to the Existing Credit Agreement.