Refinancing Contribution definition

Refinancing Contribution means (a) the capital contribution to the Borrower by the Parent of $173,152,000 made on February 9, 2021 and (b) without duplication, any other capital contribution to or investment in the Borrower by the Parent after the First Amendment Effective Date (and, solely in connection with refinancing the March 2022 Convertible Notes, prior to March 22, 2021) in connection with which, on or prior to the date of such capital contribution or investment (or such later date designated by the Borrower subject to the Administrative Agent’s prior written consent in its sole discretion, which may include by e-mail), the Borrower delivers a certificate to the Administrative Agent certifying that an amount of cash equal to all or a portion of the cash proceeds received by the Borrower on account of such capital contribution or investment shall be distributed by the Borrower to the Parent for the sole purpose of refinancing outstanding unsecured indebtedness of the Parent within six (6) months following the date of such contribution or investment (or, in connection with refinancing the 2022 Notes, during the 2022 Notes Refinancing Distribution Period).
Refinancing Contribution means any(a) the capital contribution to the Borrower by the Parent of $173,152,000 made on February 9, 2021 and (b) without duplication, any other capital contribution to or investment in the Borrower by the Parent after the First Amendment Effective Date (and, solely in connection with refinancing the March 2022 Convertible Notes, prior to the two month anniversary of the Fourth Amendment Effective DateMarch 22, 2021) in connection with which, on or prior to the date of such capital contribution or investment (or such later date designated by the Borrower subject to the Administrative Agent’s prior written consent in its sole discretion, which may include by e-mail), the Borrower delivers a certificate to the Administrative Agent certifying that an amount of cash equal to all or a portion of the cash proceeds received by the Borrower on account of such capital contribution or investment shall be distributed by the Borrower to the Parent for the sole purpose of refinancing outstanding unsecured indebtedness of the Parent within six (6) months following the date of such contribution or investment (or, in connection with refinancing the 2022 Convertible Notes, during the 2022 Convertible Notes Refinancing Distribution Period).
Refinancing Contribution means any capital contribution to or investment in the Borrower by the Parent after the First Amendment Effective Date in connection with which, on or prior to the date of such capital contribution or investment, the Borrower delivers a certificate to the Administrative Agent certifying that an amount of cash equal to all or a portion of the cash proceeds received by the Borrower on account of such capital contribution or investment shall be distributed by the Borrower to the Parent for the sole purpose of refinancing outstanding unsecured indebtedness of the Parent within six (6) months following the date of such contribution or investment.

Examples of Refinancing Contribution in a sentence

  • The Mortgages Trustee shall apply the proceeds of such Refinancing Contribution to make a Refinancing Distribution to Funding 1 on such date and in such amount.

  • If the above conditions are satisfied, then the relevant Beneficiary shall pay the Refinancing Contribution to the Mortgages Trustee by wire transfer (or as otherwise directed by the Mortgages Trustee) by no later than 11:00 a.m. on the Further Contribution Date specified in the Refinancing Notice (whether or not such date is a Distribution Date).

  • If the conditions set out in Clause 8.1(c) above (to the extent applicable) are not satisfied, then the Beneficiary intending to make the Refinancing Contribution shall apply the moneys as otherwise permitted by the terms of (in respect of Funding 1) the Funding 1 Agreements or (in respect of any Further Funding Company) the Transaction Documents applicable to it.

  • Upon receipt of the Refinancing Contribution, the Mortgages Trustee shall forthwith pay the Refinancing Distribution to the relevant account of the Recipient Funding Company (in the case of Funding 1, to the Funding 1 GIC Account) on such Further Contribution Date.

  • A Refinancing Contribution shall not, under any circumstances, exceed the aggregate principal amount of all debt obligations of a Recipient Funding Company then outstanding.

  • For the avoidance of doubt, the Transferor Beneficiary shall be under no obligation to make a Refinancing Contribution or to subscribe for any Loan Note.

  • If the Mortgages Trustee receives a Refinancing Contribution from any Beneficiary on a Further Contribution Date (as defined below), the parties hereto direct the Mortgages Trustee to, and the Mortgages Trustee covenants that it shall (or shall cause the Cash Manager on its behalf to), pay such funds to the Recipient Funding Company as a Refinancing Distribution on such Further Contribution Date and in the manner provided in Clauses8 and 9.

  • For so long as the Funding 1 Loan remains outstanding, the Seller (as Beneficiary) may at any time make a Funding 1 Loan Refinancing Contribution to the Mortgages Trustee which shall be applied by the Mortgages Trustee to make a Funding 1 Loan Refinancing Distribution to Funding 1 which Funding 1 hereby undertakes to apply to repay or prepay the Funding 1 Loan in whole or in part.

  • If the Mortgages Trustee receives a Refinancing Contribution from any Beneficiary on a Further Contribution Date (as defined below), the parties hereto direct the Mortgages Trustee to, and the Mortgages Trustee covenants that it shall (or shall cause the Cash Manager on its behalf to), pay such funds to the Recipient Funding Company as a Refinancing Distribution on such Further Contribution Date and in the manner provided in Clauses 8 and 9.

  • If the Mortgages Trustee receives a Further Contribution from a Funding Company (except for a Refinancing Contribution) on a Further Contribution Date, the parties hereto direct the Mortgages Trustee to, and the Mortgages Trustee covenants that it shall (or shall cause the Cash Manager on its behalf to), apply and pay the same to the Seller on such Further Contribution Date as a Special Distribution to reduce the Seller Share as set out in Clause7.1(g).


More Definitions of Refinancing Contribution

Refinancing Contribution means an amount no less than the euro equivalent of USD 150,000,000 to be contributed to ZPR KG by virtue of and in accordance with the Refinancing Shareholder Loan Agreements;
Refinancing Contribution means any capital contribution to or investment in the Borrower by the Parent after the First Amendment Effective Date (and, solely in connection with refinancing the 2022 Convertible Notes, prior to the two month anniversary of the Fourth Amendment Effective Date) in connection with which, on or prior to the date of such capital contribution or investment, the Borrower delivers a certificate to the Administrative Agent certifying that an amount of cash equal to all or a portion of the cash proceeds received by the Borrower on account of such capital contribution or investment shall be distributed by the Borrower to the Parent for the sole purpose of refinancing outstanding unsecured indebtedness of the Parent within six (6) months following the date of such contribution or investment (or, in connection with refinancing the 2022 Convertible Notes, during the 2022 Convertible Notes Refinancing Distribution Period).” 00000000.0.XXXXXXXX 2

Related to Refinancing Contribution

  • Refinancing Conditions the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed or refinanced; (b) it has a final maturity no sooner than, a weighted average life no less than, and an interest rate no greater than, the Debt being extended, renewed or refinanced; (c) it is subordinated to the Obligations at least to the same extent as the Debt being extended, renewed or refinanced; (d) the representations, covenants and defaults applicable to it are no less favorable to Borrowers than those applicable to the Debt being extended, renewed or refinanced; (e) no additional Lien is granted to secure it; (f) no additional Person is obligated on such Debt; and (g) upon giving effect to it, no Default or Event of Default exists.

  • Contribution Indebtedness means Indebtedness, Disqualified Stock or Preferred Stock of an Issuer or any Subsidiary Guarantor in an aggregate principal amount not greater than the aggregate amount of cash contributions (other than Excluded Contributions) made to the capital of such Issuer or such Guarantor after the Issue Date, provided that:

  • Refinancing Loan shall have the meaning provided in Section 2.14(h)(i).

  • Refinancing Commitments shall have the meaning provided in Section 2.14(h).

  • Refinancing Agreement as defined in Subsection 8.3(c).

  • Equity Contribution has the meaning assigned to such term in the Recitals to this Agreement.

  • Refinancing Loans means the Refinancing Revolving Loans and the Refinancing Term Loans.

  • Equity Contribution Agreement means the Equity Contribution Agreement, to be dated as of the Closing Date, by and among Guarantor, Borrower and Administrative Agent.

  • Refinancing Transactions means the issuance and sale of the Notes pursuant to the Offering Memorandum, the incurrence of indebtedness on or about the Issue Date pursuant to any Credit Agreement and/or the repricing, refinancing, amendment, restatement or supplement, in whole or in part, of any Credit Agreement and the redemption (including any satisfaction and discharge in connection therewith) of all of the Company’s outstanding 7.875% Senior Notes due 2019 and the payment of fees and expenses in connection therewith.

  • Refinancing Debt means Debt that refunds, refinances, renews, replaces or extends any Debt permitted to be Incurred by the Company or any Restricted Subsidiary pursuant to the terms of this Indenture, whether involving the same or any other lender or creditor or group of lenders or creditors, but only to the extent that:

  • Refinancing shall have correlative meanings.

  • Refinancing Facility Agreement means a Refinancing Facility Agreement, in form and substance reasonably satisfactory to the Agent, among Holdings, the Borrower, each Subsidiary of the Borrower party to this Agreement, the Agent and one or more Refinancing Lenders, establishing Refinancing Commitments and effecting such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.26.

  • Refinancing Facility has the meaning specified in Section 2.16(a).

  • Financing Commitments has the meaning set forth in Section 5.7.

  • Refinancing Indebtedness means Indebtedness of the Issuer or any Restricted Subsidiary to refund, refinance, replace, exchange, renew, repay or extend (including pursuant to any defeasance or discharge mechanism) any Indebtedness existing on the date of this Indenture or Incurred in compliance with this Indenture including Indebtedness that refinances Refinancing Indebtedness; provided, however, that:

  • Qualified Securitization Financing means any Securitization Financing of a Securitization Subsidiary that meets the following conditions: (a) the Board of Directors shall have determined in good faith that such Qualified Securitization Financing (including financing terms, covenants, termination events and other provisions) is in the aggregate economically fair and reasonable to the Issuer and the Securitization Subsidiary, (b) all sales of Securitization Assets and related assets to the Securitization Subsidiary are made at fair market value (as determined in good faith by the Issuer) and (c) the financing terms, covenants, termination events and other provisions thereof shall be market terms (as determined in good faith by the Issuer) and may include Standard Securitization Undertakings. The grant of a security interest in any Securitization Assets of the Issuer or any of its Subsidiaries (other than a Securitization Subsidiary) to secure Indebtedness under the Credit Agreement and any Refinancing Indebtedness with respect thereto shall not be deemed a Qualified Securitization Financing.

  • Alternative Financing has the meaning set forth in Section 5.14(b).

  • Closing Date Refinancing means the repayment, repurchase, redemption, defeasance or other discharge of the Existing Debt Facility and termination and/or release of any security interests and guarantees in connection therewith.

  • Credit Agreement Refinancing Indebtedness means (a) Permitted First Priority Refinancing Debt, (b) Permitted Junior Priority Refinancing Debt or (c) Permitted Unsecured Refinancing Debt, in each case, issued, incurred or otherwise obtained (including by means of the extension or renewal of existing Indebtedness) in exchange for, or to extend, renew, replace, repurchase, retire or refinance, in whole or part, existing Term Loans, or any then-existing Credit Agreement Refinancing Indebtedness (“Refinanced Debt”); provided that (i) such Indebtedness has a maturity no earlier, and a Weighted Average Life to Maturity equal to or greater, than 91 days after the Latest Maturity Date at the time such Indebtedness is incurred, (ii) such Indebtedness shall not have a greater principal amount (or accreted value, if applicable) than the principal amount (or accreted value, if applicable) of the Refinanced Debt plus accrued interest, fees, premiums (if any) and penalties thereon and reasonable fees and expenses associated with the refinancing, (iii) the terms and conditions of such Indebtedness (except as otherwise provided in clause (ii) above and with respect to pricing, rate floors, discounts, premiums and optional prepayment or redemption terms) are substantially identical to, or (taken as a whole) are no more favorable to the lenders or holders providing such Indebtedness, than those applicable to the Refinanced Debt being refinanced (except for covenants or other provisions applicable only to periods after the Latest Maturity Date at the time of incurrence of such Indebtedness) (provided that a certificate of a Responsible Officer delivered to the Agent at least five (5) Business Days prior to the incurrence of such Indebtedness, together with a reasonably detailed description of the material terms and conditions of such Indebtedness or drafts of the documentation relating thereto, stating that the Parent Borrower has determined in good faith that such terms and conditions satisfy the requirement of this clause (iii) shall be conclusive evidence that such terms and conditions satisfy such requirement unless the Agent notifies the Parent Borrower within such five (5) Business Day period that it disagrees with such determination (including a description of the basis upon which it disagrees)), and (iv) such Refinanced Debt shall be repaid, repurchased, retired, defeased or satisfied and discharged, and all accrued interest, fees, premiums (if any) and penalties in connection therewith shall be paid, on the date such Credit Agreement Refinancing Indebtedness is issued, incurred or obtained.

  • Permitted Junior Priority Refinancing Debt means secured Indebtedness (including any Registered Equivalent Notes) incurred by the Parent Borrower, and if applicable, any Co-Borrower, in the form of one or more series of junior priority secured notes or junior priority secured loans; provided that (i) such Indebtedness is secured by the Collateral on a second priority (or other junior priority) basis to the liens securing the Obligations and the obligations in respect of any Permitted First Priority Refinancing Debt and is not secured by any property or assets of a Borrower or any Restricted Subsidiary other than the Collateral, (ii) such Indebtedness may be secured by a Lien on the Collateral that is junior to the Liens securing the Obligations and the obligations in respect of any Permitted First Priority Refinancing Debt, notwithstanding any provision to the contrary contained in the definition of “Credit Agreement Refinancing Indebtedness,” (iii) a Senior Representative acting on behalf of the holders of such Indebtedness shall have become party to or otherwise subject to the provisions of the Intercreditor Agreements, (iv) such Indebtedness does not mature or have scheduled amortization payments of principal or payments of principal and is not subject to mandatory redemption, repurchase, prepayment or sinking fund obligations (except customary asset sale or change of control provisions that provide for the prior repayment in full of the Loans and all other Obligations), in each case prior to 91 days after the Latest Maturity Date at the time such Indebtedness is incurred, (v) such Indebtedness is not at any time guaranteed by any Subsidiaries other than Subsidiaries that are Co-Borrowers or Guarantors and (vi) the security agreements relating to such Indebtedness are substantially the same as or more favorable to the Loan Parties than the Collateral Documents (with such differences as are reasonably satisfactory to the Agent). Permitted Junior Priority Refinancing Debt will include any Registered Equivalent Notes issued in exchange therefor.

  • Payments in lieu of contributions means the money payments to

  • Refinancing Date The date on which a Current Mortgage Loan or Mortgage Loan is refinanced by Seller or an affiliate thereof.

  • Equity Contributions means the equity to be contributed by the Equity Investor to Borrower, in accordance with and subject to the terms of the Partnership Agreement.

  • Qualified refunding obligation means an obligation issued or incurred by an authority or by a municipality on behalf of an authority to refund an obligation if the refunding obligation meets both of the following:

  • Permitted Acquisition Indebtedness means Indebtedness or Disqualified Stock of the Company or any of its Restricted Subsidiaries to the extent such Indebtedness or Disqualified Stock was Indebtedness or Disqualified Stock of any other Person existing at the time (a) such Person became a Restricted Subsidiary of the Company or (b) such Person was merged or consolidated with or into the Company or any of its Restricted Subsidiaries, provided that on the date such Person became a Restricted Subsidiary or the date such Person was merged or consolidated with or into the Company or any of its Restricted Subsidiaries, as applicable, either

  • Project financing gap means the part of the total project cost,